SID NO. 2 v. COUNTY OF STANTON

No. S-95-1106.

567 N.W.2d 115 (1997)

252 Neb. 731

SANITARY AND IMPROVEMENT DISTRICT NO. 2 OF STANTON COUNTY, Nebraska, Appellant, v. COUNTY OF STANTON, Nebraska, Appellee.

Supreme Court of Nebraska.

June 27, 1997.


Attorney(s) appearing for the Case

Mark D. Fitzgerald, of Jewell, Gatz, Collins, Fitzgerald & DeLay, Norfolk, for Appellant.

W. Bert Lammli, Stanton County Attorney, Norfolk, for Appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN and McCORMACK, JJ.


GERRARD, Justice.

Sanitary and Improvement District No. 2 of Stanton County, Nebraska (SID No. 2), brought this action for declaratory judgment and injunction against Stanton County, claiming exclusive jurisdiction and authority over certain roads. The district court entered judgment in favor of the county and denied SID No. 2's application for a temporary and permanent injunction. Because we find that the county has statutory authority over the roads at issue and...

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