ROCK COUNTY v. SPIRE

No. 88-075.

455 N.W.2d 763 (1990)

235 Neb. 434

ROCK COUNTY, Nebraska, Appellant, v. Robert M. SPIRE, Attorney General of the State of Nebraska, et al., Appellees.

Supreme Court of Nebraska.

May 25, 1990.


Attorney(s) appearing for the Case

Richard P. Nelson of Peterson Nelson Johanns Morris & Holdeman, Lincoln, for appellant.

Robert M. Spire, Atty. Gen., and Royce N. Harper, Lincoln, for appellees.

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


CAPORALE, Justice.

I. INTRODUCTION

In this declaratory judgment action brought pursuant to Neb.Rev.Stat. §§ 25-21, 149 et seq. (Reissue 1989), plaintiff-appellant, Rock County, sought to have Neb. Rev.Stat. § 68-718 (Reissue 1986), which constitutes a codified portion of 1982 Neb. Laws, L.B. 522, declared unconstitutional and unenforceable. The district court, judging the statute valid, granted summary judgment to the defendants-appellees...

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