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DEYLE v. STATE, DEPARTMENT OF ROADS

No. 39779.

229 N.W.2d 565 (1975)

194 Neb. 36

Ted DEYLE, Appellant, v. STATE of Nebraska, DEPARTMENT OF ROADS, Thomas E. Doyle, Director-State Engineer, Appellee.

Supreme Court of Nebraska.

May 29, 1975.

Attorney(s) appearing for the Case

Ross, Schroeder & Fritzler, Kearney, Ted L. Schafer, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., Warren D. Lichty, Jr., Asst. Atty. Gen., John E. Brown, Gary A. Welch, Special Asst. Attys. Gen., Lincoln, for appellee.

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

BOSLAUGH, Justice.

The plaintiff is a landowner whose property lies west of and adjacent to State Highway No. 10 which is also Second Avenue in Kearney, Nebraska. In 1974 the State was in the process of constructing a four-lane highway with center medians along and adjacent to the plaintiff's property. The project commenced south of 31st Street and continued beyond 52nd Street. This action was brought to enjoin the Department of Roads of the State of Nebraska and...

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