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NEBCO, INC. v. SPEEDLIN

No. 40827.

251 N.W.2d 710 (1977)

198 Neb. 34

NEBCO, INC., a corporation, Appellant, Cross-Appellee, v. Gerald SPEEDLIN, City Treasurer of City of Lincoln, Nebraska, et al., Appellees, Cross-Appellants.

Supreme Court of Nebraska.

March 16, 1977.

Attorney(s) appearing for the Case

James W. Hewitt, Lincoln, for appellant, cross-appellee.

Charles D. Humble, City Atty., William F. Austin, Deputy City Atty., Lincoln, for appellees, cross-appellants.

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

CLINTON, Justice.

This is an action brought by the plaintiff, Nebco, Inc., property owner, to have special assessments against its property, which was included in sewer district 918 of the City of Lincoln, declared null and void, and to enjoin the collection of the assessments on the grounds that they were arbitrarily made, constructively fraudulent, and illegal. In general, the basis of the claim is that the property assessed was already adequately served by existing...

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