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ROBERTSON v. SCHOOL DISTRICT NO. 17

No. S-95-108.

560 N.W.2d 469 (1997)

252 Neb. 103

Scott ROBERTSON et al., Appellees, v. SCHOOL DISTRICT NO. 17 OF DOUGLAS COUNTY, NEBRASKA, commonly known as Millard School District, a political subdivision of the State of Nebraska, and Diana Faust et al., all as Millard school district board members, Appellants.

Supreme Court of Nebraska.

March 21, 1997.

Attorney(s) appearing for the Case

Rex R. Schultze and Gregory H. Perry, of Perry, Guthery, Haase & Gessford, P.C., Lincoln, and Malcolm D. Young and Jeff C. Miller, of Young & White, Omaha, for appellants.

H. Daniel Smith and David A. Jarecke, of Sherrets, Smith & Gardner, P.C., Omaha, for appellees.

WHITE, C.J., CORPORALE, WRIGHT, CONNOLLY, and GERRARD, JJ., and SPRAGUE, D.J.

WHITE, Chief Justice.

Millard School District No. 17 of Douglas County and the Millard school district board members (Millard) appeal the trial court's order in favor of the appellees, Scott Robertson, Gail Robertson, Kevin Moersch, Nancy Moersch, David Mawyer, Dory Mawyer, Joseph Konen, and Judith Konen (Robertson), granting Robertson's motion for summary judgment, issuing an injunction, and determining that Millard had no express or implied power to build a roadway...

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