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DeCOSTE v. CITY OF WAHOO

No. S-97-657.

583 N.W.2d 595 (1998)

255 Neb. 266

Harold DeCOSTE, and in behalf of all who have been charged pursuant to Wahoo City Ordinance 1413, Appellant, v. CITY OF WAHOO, a municipal corporation, Appellee.

Supreme Court of Nebraska.

August 21, 1998.

Attorney(s) appearing for the Case

Neil W. Schilke, Fremont, for appellant.

Charles H. Wagner and Maureen Freeman-Caddy, of Edstrom, Bromm, Lindahl, Wagner & Miller, Wahoo, for appellee.

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

WHITE, Chief Justice.

This case involves Harold DeCoste's appeal from the Saunders County District Court's order dismissing his action to (1) enjoin the City of Wahoo from enforcing ordinance No. 1413, as amended by ordinance No. 1416; (2) have those ordinances declared void as being unconstitutional and/or as exceeding the authority granted by Neb.Rev.Stat. § 19-2101 et seq. (Reissue 1997) (act); and (3) recover attorney fees and expenses pursuant to 42 U.S...

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