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SARPY COUNTY v. CITY OF SPRINGFIELD

No. S-90-052.

492 N.W.2d 566 (1992)

241 Neb. 978

SARPY COUNTY, Nebraska, Appellee, v. CITY OF SPRINGFIELD, Nebraska, et al., Appellants.

Supreme Court of Nebraska.

December 4, 1992.

Attorney(s) appearing for the Case

William E. Seidler, Jr., and Philip J. Mahoney, of Ryan & Seidler, Omaha, for appellants.

William F. Hargens and Robert J. Bothe, of McGrath, North, Mullin & Kratz, P.C., Omaha, for appellee.

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

HASTINGS, Chief Justice.

The City of Springfield has appealed a summary judgment granted in favor of the plaintiff, Sarpy County, in this declaratory judgment action. The county had sought to have Springfield's landfill licensing ordinances Nos. 306 and 311 declared invalid and to enjoin their enforcement.

Sarpy County proposed to build a solid waste disposal facility 1½ miles northwest of the corporate limits of Springfield, Nebraska, in Sarpy County...

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