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EASTROADS, INC. v. CITY OF OMAHA

No. 88-1026.

467 N.W.2d 888 (1991)

237 Neb. 837

EASTROADS, INC., a Nebraska Corporation, Appellant, v. CITY OF OMAHA and Varnum Armstrong Deeter, Inc., a Missouri Corporation, Appellees.

Supreme Court of Nebraska.

April 12, 1991.

Attorney(s) appearing for the Case

David R. Stickman and Mary E. Weber of Stern, Swanson & Stickman, P.C., Omaha, for appellant.

Charles K. Bunger, Asst. Omaha City Atty., and Frank F. Pospishil and Sandra L. Maass, of Abrahams, Kaslow & Cassman, Omaha, for appellees.

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

HASTINGS, Chief Justice.

Plaintiff-appellant, Eastroads, Inc., filed a petition for declaratory judgment against the defendants-appellees, City of Omaha (City) and Varnum Armstrong Deeter, Inc. (Varnum), to declare a rezoning ordinance invalid, arbitrary, capricious, and illegal and to enjoin the defendants from recognizing the ordinance and from commencing any construction on the property in question. The defendants filed a motion for summary judgment, alleging that...

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