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MIDWEST DEVELOPMENT CORP. v. CITY OF NORFOLK

No. 39419.

222 N.W.2d 566 (1974)

192 Neb. 475

MIDWEST DEVELOPMENT CORPORATION, a corporation, Appellant, Impleaded with Henry A. Bernstrauch et al., Appellees, v. The CITY OF NORFOLK, Nebraska, a municipal corporation, et al., Appellees.

Supreme Court of Nebraska.

October 24, 1974.

Attorney(s) appearing for the Case

Brogan & Stafford, Norfolk, for appellant.

Jewell, Otte, Gatz & Collins, Norfolk, for the City of Norfolk, Nebraska and others.

Heard before SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON, and BRODKEY, JJ., and COLWELL, District Judge.

CLINTON, Justice.

This is an action by the plaintiff property owners to have a special assessment against their property, included in water district No. 74 of the City of Norfolk, declared null and void, and to enjoin the collection of the assessment on the grounds that the assessment was arbitrarily made, constructively fraudulent, and illegal. The basis of the claim is that the property assessed was already adequately served by existing private and public water...

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