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BARTELS v. LUTJEHARMS

No. 89-1493.

464 N.W.2d 321 (1991)

236 Neb. 862

Robert BARTELS and School District No. 17 of Douglas County, Nebraska, also known as Millard School District, Appellants, v. Joe LUTJEHARMS, Nebraska Commissioner of Education, Appellee.

Supreme Court of Nebraska.

January 4, 1991.

Attorney(s) appearing for the Case

Malcolm D. Young and Jeff C. Miller, of Young & White, Omaha, for appellants.

Robert M. Spire, Atty. Gen., and Harold I. Mosher, Lincoln, for appellee.

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

BOSLAUGH, Justice.

The plaintiffs, Robert Bartels, a resident and taxpayer in School District No. 17 of Douglas County, Nebraska, also known as the Millard School District, and School District No. 17, brought this action to obtain a judgment declaring Neb.Rev.Stat. §§ 79-1302 and 79-1303 (Reissue 1987) unconstitutional and to enjoin the defendant, Joe Lutjeharms, as Commissioner of Education, from making in-lieu-of-tax distributions under §§ 79...

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