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PREISTER v. MADISON COUNTY

No. S-98-471.

606 N.W.2d 756 (2000)

258 Neb. 775

Keith H. PREISTER and Janice M. Preister, husband and wife, appellants and cross-appellees, v. MADISON COUNTY, Nebraska, a body politic, et al., appellees and cross-appellants.

Supreme Court of Nebraska.

February 11, 2000.

Attorney(s) appearing for the Case

Stephen D. Mossman, of Mattson, Ricketts, Davies, Stewart & Calkins, Lincoln, for appellants.

Charles W. Campbell, of Angle, Murphy, Valentino & Campbell, P.C., York, for appellees.

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

HENDRY, C.J.

INTRODUCTION

Keith H. Preister and Janice M. Preister brought a claim against Madison County, Nebraska, and the County Commissioners of Madison County (collectively the county) asserting, inter alia, that road work done by the county in 1993 worked a taking of their land in violation of 42 U.S.C. § 1983 (Supp. III 1997), the Fifth Amendment to the U.S. Constitution, and art. I, § 21, of the Nebraska Constitution.

FACTUAL BACKGROUND...

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