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R-R REALTY CO. v. METROPOLITAN UTIL. DIST. OF OMAHA

No. 37107.

166 N.W.2d 746 (1969)

184 Neb. 237

R-R REALTY COMPANY, a Nebraska Corporation, Appellee, v. METROPOLITAN UTILITIES DISTRICT OF OMAHA, Nebraska and City of Omaha, Appellants, Impleaded with Sam J. Howell, County Treasurer, County of Douglas, Appellees.

Supreme Court of Nebraska.

March 28, 1969.

Attorney(s) appearing for the Case

C. S. Brubaker, W. L. Strong, Lester R. Seiler, Herbert M. Fitle, City Atty., Edward M. Stein, Asst. City Atty., Omaha, for appellants.

Ross & O'Connor, McGowan & Troia, Omaha, for appellee R-R Realty Co.

Donald L. Knowles, County Atty., Omaha, for appellee Sam J. Howell.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.

McCOWN, Justice.

The plaintiff filed this class action challenging the constitutionality of a one-half mill levy for what is commonly referred to as the "hydrant tax" in a metropolitan water district. Section 14-1026, R. R.S.1943. It is contended that this tax statute violates Article VIII, section 1A, Constitution of Nebraska, which provides: "The state shall be prohibited from levying a property tax for state purposes." The tax is a property tax. The district court...

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