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BAGLEY v. COUNTY OF SARPY

No. 38436.

202 N.W.2d 841 (1972)

189 Neb. 393

James BAGLEY et al., Appellants, v. COUNTY OF SARPY, Nebraska, et al., Appellees. Nels ELIASON et al., Appellants, v. BOARD OF COUNTY COMMISSIONERS OF SARPY COUNTY, Nebraska, et al., Appellees.

Supreme Court of Nebraska.

December 15, 1972.

Attorney(s) appearing for the Case

Marks, Clare, Hopkins, Rauth & Garber, Dale D. Kuhlmann, Omaha, for appellants.

Clarence E. Heaney, Jr., of Kennedy, Holland, DeLacy & Svoboda, Omaha, Dixon G. Adams, Bellevue, for appellees.

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

SMITH, Justice.

Plaintiffs challenged a county board resolution that rezoned a tract of land from residential to industrial. The district court found for the defendants, Sarpy County, members of the board, and the owner of the tract. It dismissed the petitions, and plaintiffs appeal. They contend that the board in adopting the resolution exceeded its statutory authority.

The approximate size and boundaries of the tract, owned by Omaha Industrial Foundation...

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