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BAKER v. BUGLEWICZ

No. 42580.

289 N.W.2d 519 (1980)

205 Neb. 656

George C. BAKER, Florence N. Baker, Ronald R. Cronkhite, and Myrna G. Newman, Appellants, v. George J. BUGLEWICZ, Daniel C. Lynch, William Green, Richard Fellman, Michael Albert, City of Omaha, a Municipal Corporation, and State of Nebraska, Department of Roads, Appellees, Fontenelle Forest Association, a Nebraska Nonprofit Corporation, Intervenor-Appellee.

Supreme Court of Nebraska.

March 4, 1980.

Attorney(s) appearing for the Case

Russell S. Daub, Omaha, for appellants.

Donald L. Knowles, Douglas County Atty., and Jerry W. Katskee, Omaha, for appellees Buglewicz et al.

Herbert M. Fitle, City Atty., and Robert J. Hamer, Omaha, for appellee City of Omaha.

Harvey B. Cooper, Omaha, for intervenor-appellee Fontenelle.

Heard before KRIVOSHA, C. J., BRODKEY, and WHITE, JJ., and RONIN and GARDEN, District Judges.

RONIN, District Judge.

This is an action for a declaratory judgment and injunctive relief, by which plaintiff abutting landowners challenge the validity of a 1963 dedication of Edith Marie Avenue, a street lying within 3 miles of the city limits of Omaha, Nebraska, and located in Douglas County. The plaintiffs seek to restrain the defendants, Douglas County and the City of Omaha, from treating Edith Marie Avenue as a public street or road.

The Fontenelle Forest...

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