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WESSEL v. HILLSDALE ESTATES, INC.

No. 41522.

266 N.W.2d 62 (1978)

200 Neb. 792

Leighton WESSEL and Darrell Felt in their own behalf and in behalf of all other members of Hillsdale Estates, Inc., a non-profit corporation similarly situated, Appellees, v. HILLSDALE ESTATES, INC., a non-profit corporation, Appellee, Impleaded with Austin Realty Co., a corporation, Appellant, Impleaded with Harold L. Schleich, Joseph McKee, Conrad Schleich, Ronald D. Williams, David C. Pierson, Stanley L. Slater, Harold Heidenreich and Edward Kopta, Appellees.

Supreme Court of Nebraska.

May 10, 1978.

Attorney(s) appearing for the Case

Pierson, Ackerman, Fitchett & Akin, Lincoln, for appellant.

Ginsburg, Rosenberg, Ginsburg & Krivosha and R. P. Cathcart, Lincoln, for appellees.

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

SPENCER, Justice.

This is an action for declaratory and injunctive relief by landowners in Hillsdale Estates, a platted subdivision in the city of Lincoln, on behalf of themselves and other homeowners, against Austin Realty Co. and Hillsdale Estates, Inc., its officers and directors. Defendant Austin Realty Co. appeals from an order of the District Court which enjoined defendants from proceeding with a plan to construct 40 townhouse units on Lot 19, Block 5, Hillsdale...

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