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WEST OMAHA INV. v. SANITARY & IMP. D. 48

No. 86-532.

420 N.W.2d 291 (1988)

227 Neb. 785

WEST OMAHA INVESTMENTS, a Nebraska Partnership, Appellant, v. SANITARY AND IMPROVEMENT DISTRICT NO. 48 OF SARPY COUNTY, Nebraska, Appellee.

Supreme Court of Nebraska.

March 11, 1988.

Attorney(s) appearing for the Case

John D. Hartigan and Thomas D. Wulff of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellant.

Dixon G. Adams, Bellevue, for appellee.

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

HASTINGS, Chief Justice.

Following the demurrer of Sanitary and Improvement District No. 48 of Sarpy County, Nebraska (S.I.D. No. 48), the district court dismissed plaintiff's fourth amended petition because of failure to state a cause of action and because of the expiration of the statute of limitations.

In its first petition, plaintiff stated that it owned real estate located within the boundaries of Sanitary and Improvement District No. 51 (S.I.D. No. 51...

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