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BENNETT v. BOARD OF EQUALIZATION

No. S-93-606.

515 N.W.2d 776 (1994)

245 Neb. 838

Brian T. BENNETT and Mary Jo Bennett, Husband and Wife, et al., Appellants, v. BOARD OF EQUALIZATION OF CITY OF LINCOLN, Nebraska, and City of Lincoln, Nebraska, a Municipal Corporation, Appellees.

Supreme Court of Nebraska.

May 6, 1994.

Attorney(s) appearing for the Case

J. Michael Rierden, Lincoln, for appellants.

William F. Austin, Lincoln City Atty., and Don W. Taute, Lincoln, for appellees.

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

FAHRNBRUCH, Justice.

The issue in this appeal is whether the appellants' properties received a special benefit for which assessments for nearby paving could be made against the properties.

The City of Lincoln (City) imposed a 9-cent-per-square-foot special assessment against the real estate of each of the appellants after the City paved 27th Street south from Old Cheney Road to the southern boundary of Southern Hills 1st Addition.

The assessments were...

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