McDOWELL v. RURAL WATER DIST. NO. 2, BOYD CTY.

No. 42331.

282 N.W.2d 594 (1979)

204 Neb. 401

H. W. McDOWELL et al., Appellees, v. RURAL WATER DISTRICT NO. 2, BOYD COUNTY, Nebraska, a public corporation, Appellant.

Supreme Court of Nebraska.

August 21, 1979.


Attorney(s) appearing for the Case

James L. Sedgwick and Steven G. Seglin of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellant.

William W. Griffin, O'Neill, and George C. Rozmarin of Swarr, May, Smith & Andersen, Omaha, for appellees.

Heard before KRIVOSHA, C. J., McCOWN, BRODKEY and HASTINGS, JJ., and STUART, District Judge.


BRODKEY, Justice.

All the plaintiffs are persons owning real property in Holt County, Nebraska, who have brought this action for declaratory and injunctive relief against the defendant, a rural water district organized pursuant to the provisions of sections 46-1001 to 46-1026, R.R.S.1943, located in Boyd County, Nebraska. The district owns land located in Holt County, Nebraska, in the general vicinity of the property owned by the plaintiffs. In their petition filed...

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