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COUNTY OF SARPY v. CITY OF GRETNA

No. S-02-1473.

678 N.W.2d 740 (2004)

267 Neb. 943

The COUNTY OF SARPY, Nebraska, a body corporate and politic, appellant, v. The CITY OF GRETNA, Nebraska, a municipal corporation, appellee.

Supreme Court of Nebraska.

May 7, 2004.

Attorney(s) appearing for the Case

Tamra L.W. Madsen, Deputy Sarpy County Attorney, for appellant.

John K. Green for appellee.

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

GERRARD, J.

The City of Gretna sits entirely within the borders of Sarpy County, Nebraska. Pursuant to two municipal ordinances, Gretna purported to annex sections of two state highways which extend from Gretna's borders. Sarpy County filed suit, claiming that Gretna was without authority to annex the land. The district court determined that Sarpy County lacked standing to bring the action and sustained Gretna's demurrer. The question on appeal is whether Sarpy County...

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