BRIAR WEST, INC. v. CITY OF LINCOLN

No. 42750.

291 N.W.2d 730 (1980)

206 Neb. 172

BRIAR WEST, INC., a corporation, Appellant, v. CITY OF LINCOLN, Nebraska, a municipal corporation, et al., Appellees.

Supreme Court of Nebraska.

April 29, 1980.


Attorney(s) appearing for the Case

Chauncey E. Barney of Barney & Carter, P. C., Lincoln, for appellant.

William F. Austin, City Atty., and William G. Blake, Asst. City Atty., Lincoln, for appellees.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, WHITE, and HASTINGS, JJ.


McCOWN, Justice.

This is an action for a declaratory judgment in which the plaintiff, Briar West, Inc., prayed for a declaration that in addition to other requirements made by the City of Lincoln as conditions for the approval of a subdivision, a developer of land may not also be required to pay the equivalent of one-half of the local street paving costs for the future widening and paving of arterial streets which abut the proposed subdivision. The District Court...

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