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STATE, DEPT. OF ROADS v. MELCHER

No. S-89-818.

483 N.W.2d 540 (1992)

240 Neb. 592

STATE of Nebraska, DEPARTMENT OF ROADS, Appellee, v. Jack MELCHER, doing business as J & B Enterprises, Appellant, and Lincoln County, Nebraska, Intervenor-Appellee.

Supreme Court of Nebraska.

May 1, 1992.

Attorney(s) appearing for the Case

David T. Schroeder, of Kelly, Kelly & Schroeder, Grand Island, for appellant.

Robert M. Spire, Atty. Gen., and K. Osi Onyekwuluje, Lincoln, for appellee.

Joe W. Wright, Deputy Lincoln County Atty., for intervenor-appellee.

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

CAPORALE, Justice.

I. INTRODUCTION

The district court enjoined the defendant-appellant, Jack Melcher, doing business as J & B Enterprises, from maintaining certain operations which the plaintiff-appellee, State of Nebraska, Department of Roads, asserts constitute the use of real property as a junkyard, in violation of Neb.Rev.Stat. § 39-2601 et seq. (Reissue 1988). The intervenor-appellee, Lincoln County, avers that the operations also constitute...

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