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WINTER v. LOWER ELKHORN NATURAL RESOURCES

No. 42728.

291 N.W.2d 245 (1980)

206 Neb. 70

Kenneth WINTER, Norman Herian, Reuben Bretschneider, John Silhacek, Carol Silhacek, Maynard Abler, William Kroupa, Mary Voecks, Kenneth Christensen, and Alvin Vyhlidal, Appellants, v. LOWER ELKHORN NATURAL RESOURCES DISTRICT, Richard Alexander, Richard Hahn, Howard Hansen, Robert Jordan, Lowell Johnson, Dale Lingenfelter, William Mayer, Paul Millard, Dennis Newland, Glen Olson, Burt Peterson, Val Peterson, John Thor, Ray Vogel, Clinton Von Seggern, Melvin Von Seggern, Harold Wagner, and Hoskins-Western-Sonderegger, Inc., Appellees.

Supreme Court of Nebraska.

April 15, 1980.

Attorney(s) appearing for the Case

John E. North and Mark E. Belmont of McGrath, North, O'Malley & Kratz, P. C., Omaha, for appellants.

Jewell, Otte, Gatz, Collins & Domina, Norfolk, for all appellees except Hoskins-Western-Sonderegger, Inc.

Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellee Hoskins-Western-Sonderegger, Inc.

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

WHITE, Justice.

This is an appeal from an injunction action brought by the appellants, who are residents and taxpayers of the Lower Elkhorn Natural Resources District, (hereafter LENRD), against the LENRD and the individual members of the board of directors of that district, (hereafter Board), as well as Hoskins-Western-Sonderegger, Inc., an engineering firm which contracted with the LENRD. The action arose from the activities of the LENRD in planning for and adopting...

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