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LARSON v. CITY OF OMAHA

No. 85-1000.

415 N.W.2d 115 (1987)

226 Neb. 751

Lee C. LARSON et al., Appellants, v. CITY OF OMAHA, Douglas County, Nebraska, a Municipal Corporation, Appellee, Midlands Development Co., a Nebraska General Partnership, et al., Intervenors-Appellees.

Supreme Court of Nebraska.

November 6, 1987.

Attorney(s) appearing for the Case

John C. Mitchell of Mitchell & Demerath, Richard E. Croker of Croker, Huck & McReynolds, and J. Patrick Green, Omaha, for appellants.

Charles K. Bunger, Asst. Omaha City Atty., for appellee.

Frank F. Pospishil and Harvey B. Cooper of Abrahams, Kaslow & Cassman, Omaha, for intervenor-appellee Midlands Development Co.

Patrick W. Kennison of Kutak Rock & Campbell, Omaha, for intervenor-appellee Mangimelli.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.

HASTINGS, Chief Justice.

Plaintiff landowners appeal the judgment of the district court, which dismissed their petition for a writ of mandamus. By petitioning for such writ, the plaintiffs sought to compel the City of Omaha to revoke a development permit issued to intervenor Midlands Development Co. (Midlands), which allowed Midlands to remove dirt from the floodway and place it in the flood plain of Big Papillion Creek, thus changing the line of the floodway.

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