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SOMMERFELD v. CITY OF SEWARD

No. 84-657.

375 N.W.2d 129 (1985)

221 Neb. 76

Richard SOMMERFELD and Lynn Sommerfeld, Appellees, v. CITY OF SEWARD, Nebraska, Appellant.

Supreme Court of Nebraska.

October 25, 1985.

Attorney(s) appearing for the Case

Russell A. Souchek of Souchek & Kimble, Seward, for appellant.

Larry L. Brauer of Allan, Brauer & Mullally, Seward, for appellees.

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

SHANAHAN, Justice.

The City of Seward appeals a declaratory judgment entered by the district court for Seward County in favor of Richard and Lynn Sommerfeld, namely, judgment that a resolution of the Seward City Council was unconstitutional. See Uniform Declaratory Judgments Act, Neb.Rev.Stat. §§ 25-21,149 to 25-21,164 (Reissue 1979). The district court also issued a mandatory injunction in favor of Sommerfelds requiring the city's issuance of a permit for...

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