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BRUNS v. CITY OF SEWARD

No. 37698.

185 N.W.2d 853 (1971)

186 Neb. 658

Fred H. BRUNS, Jr., Appellee, v. CITY OF SEWARD, Nebraska, a Municipal Corporation et al., Appellants.

Supreme Court of Nebraska.

April 9, 1971.

Attorney(s) appearing for the Case

Russell A. Souchek, Seward, for appellants.

Byron J. Norval, Seward, for appellee.

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

SMITH, Justice.

Plaintiff, a taxpayer, attacked a resolution by which the city counsel of the City of Seward had undertaken to establish an airport authority. Seeking injunctive relief, he alleged that the city had not satisfied a statutory condition. The statute has required a city to own or operate an airport before it can create an airport authority. The district court found for plaintiff, declaring the airport authority nonexistent and ordering a permanent injunction...

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