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ROSE v. CITY OF LINCOLN

No. 85-366.

388 N.W.2d 127 (1986)

223 Neb. 148

George P. ROSE and Rosie J. Rose, Appellants, v. CITY OF LINCOLN, a Municipal Corporation, Appellee.

Supreme Court of Nebraska.

June 13, 1986.

Attorney(s) appearing for the Case

Frank Meares, Omaha, for appellants.

Dana W. Roper, Chief Asst. Lincoln City Atty., for appellee.

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

PER CURIAM.

George P. and Rosie J. Rose, as owners of real estate in Saunders County, filed an inverse condemnation proceeding against the City of Lincoln, that is, an action pursuant to Neb.Rev.Stat. § 76-705 (Reissue 1981), which provides:

If any condemner shall have taken or damaged property for public use without instituting condemnation proceedings, the condemnee, in addition to any other available remedy, may file a petition with the county judge...

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