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ALLEN v. COUNTY OF LANCASTER

No. 83-126.

352 N.W.2d 883 (1984)

218 Neb. 163

Benjamin F. and Kathleen C. ALLEN, Appellants, v. COUNTY OF LANCASTER, State of Nebraska, Appellee.

Supreme Court of Nebraska.

August 3, 1984.

Attorney(s) appearing for the Case

A. Loy Todd, Jr., of Bailey, Polsky, Cada & Todd, Lincoln, for appellants.

John R. Baylor of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellee.

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

GRANT, Justice.

Allens sued Lancaster County under the provisions of the Political Subdivisions Tort Claims Act (Neb.Rev.Stat. §§ 23-2401 et seq. (Reissue 1977)). Allens' amended petition alleged that they purchased a residence from the builders thereof by agreement dated October 5, 1977; that at the time of the building of the residence and Allens' purchase thereof, the county's resolution No. 2832 was in effect; that the county issued a permit, pursuant...

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