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LAWRY v. COUNTY OF SARPY

No. S-96-426.

575 N.W.2d 605 (1998)

254 Neb. 193

Timothy LAWRY and Colleen Lawry, Appellants, v. The COUNTY OF SARPY, Nebraska, a political subdivision, Appellee.

Supreme Court of Nebraska.

March 13, 1998.

Attorney(s) appearing for the Case

Timothy K. Kelso, of Rasmussen, Mitchell & Kelso, Omaha, for appellants.

Vincent Valentino, of Angle, Murphy, Valentino & Campbell, P.C., York, for appellee.

CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

GERRARD, Justice.

INTRODUCTION

In this case, the district court sustained a demurrer in favor of the County of Sarpy and dismissed Timothy Lawry and Colleen Lawry's petition, which alleged that the county was negligent with respect to flood warnings it undertook, based on Neb.Rev. Stat. § 13-910(2) (Reissue 1991), the discretionary function exception in the Political Subdivisions Tort Claims Act. Because...

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