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BLAZEK v. CITY OF OMAHA

No. 87-1019.

441 N.W.2d 205 (1989)

232 Neb. 562

Don BLAZEK, Sr., doing business as Blazek Auto Parts, Appellant, v. CITY OF OMAHA, a Municipal Corporation, Appellee.

Supreme Court of Nebraska.

June 16, 1989.

Attorney(s) appearing for the Case

John W. Steele, of Schumacher & Achelpohl, Omaha, for appellant.

Herbert M. Fitle, Omaha City Atty., James E. Fellows, and Wendy E. Hahn, Omaha, for appellee.

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

BOSLAUGH, Justice.

The plaintiff, Don Blazek, Sr., doing business as Blazek Auto Parts, commenced this action to obtain a declaratory judgment declaring that the part of the Omaha Municipal Code which regulates the automotive salvage business is unconstitutional. The defendant, City of Omaha, filed an answer and a motion for summary judgment. The trial court found that the plaintiff lacked standing to challenge the ordinance, that the action was barred by res judicata...

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