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OMAHA FISH & WILDLIFE v. COMMUNITY REFUSE

No. 43258.

302 N.W.2d 379 (1981)

208 Neb. 110

The OMAHA FISH AND WILDLIFE CLUB, INCORPORATED, Appellant, v. COMMUNITY REFUSE, INC. et al., Appellees.

Supreme Court of Nebraska.

February 20, 1981.

Attorney(s) appearing for the Case

Michael J. Mooney, of McCormack, Cooney, Mooney & Hillman, P. C., Omaha, for appellant.

Herbert J. Elworth, of Casey & Elworth, Plattsmouth, for appellees.

Heard before BOSLAUGH, CLINTON, and BRODKEY, JJ., and REIMER and HIPPE, District Judges.

HIPPE, District Judge.

The plaintiff sued for an injunction. The object was to stop the defendants from establishing a solid waste disposal area on lands zoned for other purposes. A demurrer was sustained, the case dismissed, and plaintiff has appealed. We reverse and remand.

The Omaha Fish and Wildlife Club, Incorporated, asserted in its amended petition that it owns 269 acres of real property in Cass County. It complains that the defendants began establishing...

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