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ROZANEK v. CITY OF FREMONT

No. 41706.

272 N.W.2d 45 (1978)

201 Neb. 748

Elsie ROZANEK, William G. Line, and Robert A. Weinberg, Appellees, v. CITY OF FREMONT, Nebraska, a Municipal Corporation, Appellant.

Supreme Court of Nebraska.

November 29, 1978.

Attorney(s) appearing for the Case

Lyle B. Gill, Fremont, for appellant.

William G. Line, Fremont, for appellees.

Heard before SPENCER, C. J., Pro Tem., BOSLAUGH, McCOWN, CLINTON, and BRODKEY, JJ., and RIST, District Judge.

BOSLAUGH, Justice.

The plaintiffs are residents and owners of real estate along the east side of Nye Avenue in the City of Fremont, Nebraska. On June 29, 1976, the city council adopted a resolution providing that sidewalks should be constructed along Nye Avenue where sidewalks had not been constructed or were not in good repair. This action was brought to declare the resolution void and enjoin the City from enforcing the resolution against the plaintiffs.

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