BROWN v. CITY OF YORK

No. 86-162.

416 N.W.2d 574 (1987)

227 Neb. 183

Gaynard BROWN and Lucille Brown, Husband and Wife, Appellees, v. CITY OF YORK, Appellant.

Supreme Court of Nebraska.

December 18, 1987.


Attorney(s) appearing for the Case

Vincent Valentino and Wallace W. Angle of Angle, Murphy, Valentino & Campbell, P.C., York, for appellant.

John Morgan of Morgan & Morgan, Fullerton, for appellees.

Richard J. Pedersen of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, for amicus curiae League of Nebraska Municipalities.

BOSLAUGH, WHITE, and SHANAHAN, JJ., and BRODKEY, J., Retired, and COLWELL, District Judge, Retired.


WHITE, Justice.

The appellees in this case, Gaynard and Lucille Brown, own certain property within a paving district created by the City of York. Within 90 days of the creation of the paving district the Browns made application, pursuant to Neb.Rev.Stat. §§ 19-2428 to 19-2431 (Reissue 1983), for deferral of payment of the assessment. Deferral is allowed under these sections when the land assessed is used exclusively for agricultural purposes. The city council...

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