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NIELSEN v. SANITARY AND IMP. DIST. NO. 229

No. 43301.

304 N.W.2d 385 (1981)

208 Neb. 542

Robert NIELSEN et al., Appellants and Cross-Appellees, v. SANITARY AND IMPROVEMENT DISTRICT NO. 229 OF DOUGLAS COUNTY, Nebraska, et al., Appellees, Hawkins Construction Company, Appellee and Cross-Appellant, First Federal Savings and Loan Association of Lincoln, Intervenor-Appellant.

Supreme Court of Nebraska.

April 10, 1981.

Attorney(s) appearing for the Case

Daniel G. Dolan of Daniel G. Dolan, P. C., and August Ross of Ross & Mason, Omaha, for appellants Nielsen.

John W. Delehant and James D. Sherrets, Omaha, for intervenor-appellant First Federal.

Walsh, Walentine, Miles, Fullenkamp & O'Toole, Omaha, for appellee SID.

Dennis E. Martin and Edward F. Pohren of Dwyer, O'Leary & Martin, P. C., Omaha, for appellee Hawkins.

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

McCOWN, Justice.

This is an action by plaintiffs on behalf of themselves and all taxpayers in Sanitary and Improvement District No. 229, to declare void and enjoin the payment of warrants issued by the district to defendant, Hawkins Construction Company, for the construction of certain improvements, including paving, sewers, and related work. The District Court found that plaintiffs had no greater right than the sanitary and improvement district to assert the invalidity...

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