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WILCOX v. CITY OF McCOOK

No. S-00-481.

634 N.W.2d 486 (2001)

262 Neb. 696

Lyle WILCOX and Jean Wilcox, Appellants, v. CITY OF McCOOK, Nebraska, a municipal corporation, and Southwest Nebraska Youth Services, Inc., a Nebraska nonprofit corporation, Appellees.

Supreme Court of Nebraska.

October 19, 2001.

Attorney(s) appearing for the Case

J. Bryant Brooks, of Brooks Law Offices, P.C., McCook, for appellants.

G. Peter Burger, of Burger & Bennett, P.C., McCook, for appellee City of McCook.

John A. Gale, of McCarthy, Gale, Moore, Bacon & Hall, North Platte, for appellee Southwest Nebraska Youth Services, Inc.

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

HENDRY, C.J.

INTRODUCTION

Lyle Wilcox and Jean Wilcox appeal from the district court's decision dismissing their petition in error. In their petition, the Wilcoxes requested that the district court reverse the McCook City Council's decision of May 17, 1999, approving a special exception application.

FACTUAL BACKGROUND

In 1999, Southwest Nebraska Youth Services, Inc. (Southwest), submitted an application for a special use exception. This...

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