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VILLAGE OF WINSIDE v. JACKSON

No. S-94-506.

553 N.W.2d 476 (1996)

250 Neb. 851

VILLAGE OF WINSIDE, Appellee, v. Scott JACKSON, doing business as Woodleaf Apartments, Appellant.

Supreme Court of Nebraska.

October 4, 1996.

Attorney(s) appearing for the Case

Craig H. Lane, Sioux City, IA, for appellant.

Jeffrey L. Hrouda, Norfolk, for appellee.

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

CONNOLLY, Justice.

We are asked to decide whether a municipality, in conformance with the Integrated Solid Waste Management Act (Act), may charge a garbage fee to persons that do not use the service. We hold that the Act does not permit the imposition of a garbage fee on a nonuser of the service and therefore reverse the Nebraska Court of Appeals' decision affirming the district court's decision.

BACKGROUND

On October 22, 1993, the Village of Winside...

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