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COUNTY OF KNOX v. CITY OF CREIGHTON

No. 82-312.

333 N.W.2d 395 (1983)

214 Neb. 196

COUNTY OF KNOX, Appellant, v. CITY OF CREIGHTON, Appellee.

Supreme Court of Nebraska.

April 29, 1983.

Attorney(s) appearing for the Case

Steven A. Scholer, Knox County Atty., Center, and, on brief, John Thomas, Former Knox County Atty., Center, for appellant.

Frank Roubicek, City Atty., Creighton, for appellee.

McCOWN, CAPORALE, and SHANAHAN, JJ., BRODKEY, J., Retired, and COLWELL, District Judge, Retired.

PER CURIAM.

The County of Knox, plaintiff in the court below, appeals from the order of the trial court dismissing its amended petition against the defendant-appellee, City of Creighton, on the ground the petition fails to state a cause of action. We reverse.

The operating factual allegations of the county's petition state: It is the agency properly entrusted with the responsibility of enforcing the city's zoning and development regulations; the city was denied...

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