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NELSON v. CITY OF OMAHA

No. S-97-1175.

589 N.W.2d 522 (1999)

256 Neb. 303

Robert NELSON et al., appellants, v. CITY OF OMAHA, appellee, and MLP Enterprises, intervenor-appellee.

Supreme Court of Nebraska.

February 26, 1999.

Attorney(s) appearing for the Case

Christopher D. Curzon, of Dwyer, Smith, Grimm, Gardner, Pohren, Lazer & Rogers, Omaha, for appellants.

Alan M. Thelen, Omaha, for appellee.

Michael J. Mooney and Jerry M. Slusky, of Gross & Welch, P.C., Omaha, for intervenor-appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

HENDRY, C.J.

INTRODUCTION

Subsequent to the approval of a proposed development by the Omaha City Council, a group of real property owners, Robert Nelson et al. (Homeowners), possessing land abutting and around the proposed development, filed a petition for injunctive relief and declaratory judgment against the City of Omaha. Homeowners alleged that the proposed development was a "Major Amendment" to a planned...

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