CITY OF LINCOLN v. TOWNHOUSER, INC.

No. S-93-1036.

534 N.W.2d 756 (1995)

248 Neb. 399

CITY OF LINCOLN, Nebraska, a Municipal Corporation, Appellee, v. TOWNHOUSER, INC., Dakota Place, Inc., and William Krein, Appellants.

Supreme Court of Nebraska.

July 21, 1995.


Attorney(s) appearing for the Case

Mark A. Hunzeker, of Pierson, Fitchett, Hunzeker, Blake & Loftis, Lincoln, for appellants.

William F. Austin, Lincoln City Attorney, and Steven Huggenberger, Lincoln, for appellee.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ.


LANPHIER, Justice.

The property at issue is a 19.1-acre tract which appellants, Townhouser, Inc.; Dakota Place, Inc.; and William Krein, conveyed to the City of Lincoln (City) for use as a park. If development of the park was not commenced within 7 years of the date of acceptance, the conveyance provided appellants the right to reenter. Claiming that development had not been commenced within the required time, appellants gave notice to the City of their reentry on...

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