SANITARY & IMP. DIST. v. CONTINENTAL WESTERN

No. 82-666.

343 N.W.2d 314 (1983)

215 Neb. 843

SANITARY AND IMPROVEMENT DISTRICT NO. 32 OF SARPY COUNTY, Nebraska, Appellant, v. CONTINENTAL WESTERN CORPORATION et al., Appellees.

Supreme Court of Nebraska.

December 9, 1983.


Attorney(s) appearing for the Case

Robert C. Doyle of Walsh, Walentine, Miles, Fullenkamp & O'Toole, Omaha, for appellant.

Thomas J. Culhane of Erickson, Sederstrom, Leigh, Eisenstatt, Johnson, Kinnamon, Koukol & Fortune, P.C., Omaha, for appellee American Savings.

Clayton Byam, Omaha, and Richard Croker of Croker, Huck & McReynolds, Omaha, for appellee Judy Co.

James D. Sherrets of Kutak Rock & Huie, Omaha, for appellees Frankson and Robertson.

Warren S. Zweiback of Zweiback, Kasher, Flaherty & DeWitt, P.C., Omaha, for appellee Alexander & Alexander.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.


CAPORALE, Justice.

In this suit for declaratory judgment plaintiff-appellant, Sanitary and Improvement District No. 32 of Sarpy County, Nebraska, seeks to have certain warrants it has issued declared invalid. The defendants who answered below, the appellees herein, are the present holders of some of those warrants. They counterclaim, seeking an order that the district levy taxes and retire their warrants. The trial court, which tried the action without a jury, dismissed...

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