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HOTOVY v. TOWN OF ULYSSES

No. 40536.

246 N.W.2d 718 (1976)

197 Neb. 16

Stanley J. HOTOVY, Appellant, v. TOWN OF ULYSSES TOWNSHIP, BUTLER COUNTY, Nebraska, et al., Appellees, Frank P. Karpisek et al., Intervenors-Appellees, Mary S. Klein and Maurice Klein, Intervenors-Appellees.

Supreme Court of Nebraska.

November 10, 1976.

Attorney(s) appearing for the Case

Robert I. Blevens of Blevens, Bartu, Blevens & Jacobs, Seward, for appellant.

James N. Norton, David City, for Town of Ulysses, and others.

James M. Egr, David City, for Frank P. Karpisek, and others.

William E. Tomek, David City, for Mary S. Klein, and others.

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

BOSLAUGH, Justice.

The issue on this appeal is the location of a township road constructed in 1872. The trial court, found that the centerline of the road as presently constructed is the centerline of the road in question. The plaintiff has appealed.

The plaintiff is the owner of the northeast quarter of Section 30, Township 13 North, Range 2 East of the 6th P.M. in Butler County, Nebraska. The defendants are Ulysses Township and the members of the township...

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