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ECKSTEIN v. CITY OF LINCOLN

No. 41933.

277 N.W.2d 91 (1979)

202 Neb. 741

Edward H. ECKSTEIN et al., Appellants, v. CITY OF LINCOLN, Nebraska, a Municipal Corporation, Appellee.

Supreme Court of Nebraska.

March 27, 1979.

Attorney(s) appearing for the Case

Johnston, Grossman, Johnston, Barber & Wherry, Lincoln, for appellants.

Charles D. Humble, City. Atty., James D. Faimon, Asst. City Atty., Lincoln, for appellee.

Heard before KRIVOSHA, C. J., BOSLAUGH, McCOWN, BRODKEY, WHITE, and HASTINGS, JJ., and RONIN, District Judge.

BOSLAUGH, Justice.

The plaintiffs own residence properties on 44th Street north of Colfax Avenue in Lincoln, Nebraska. This action was brought to enjoin the City from enforcing an ordinance relating to the use of private wells within the city limits. The ordinance, section 8.52.010 of the Lincoln municipal code, provides as follows: "The use of private wells within the limits of the city for domestic purposes shall be permitted only when the city's water distribution...

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