BURLINGTON NORTHERN, INC. v. CITY OF McCOOK

No. 42153.

283 N.W.2d 380 (1979)

204 Neb. 543

BURLINGTON NORTHERN, INC., Appellee, v. CITY OF McCOOK, Don Blank, Mayor, and Betty Coufal, City Clerk and Treasurer, Appellants.

Supreme Court of Nebraska.

September 18, 1979.


Attorney(s) appearing for the Case

Keith Sinor, McCook, for appellants.

Knudsen, Berkheimer, Endacott & Beam, Lincoln, for appellee.

Heard before BOSLAUGH, McCOWN, BRODKEY, and WHITE, JJ., and KNAPP, District Judge.


KNAPP, District Judge.

This action in equity was brought by plaintiff to have a special assessment upon its real estate in sewer district No. 47 of the City of McCook declared void and collection thereof enjoined upon the grounds that defendants had failed to comply with certain of the statutes governing formation of sewer districts, thus rendering the assessment fundamentally and jurisdictionally deficient, and that the...

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