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RATH v. CITY OF SUTTON

No. S-02-1174.

673 N.W.2d 869 (2004)

267 Neb. 265

Marlowe RATH, a resident taxpayer of Sutton, Clay County, Nebraska, appellant v. CITY OF SUTTON, a city of the second class, et al., appellees.

Supreme Court of Nebraska.

January 23, 2004.

Attorney(s) appearing for the Case

Craig C. Dirrim and Kerry L. Kester, of Woods & Aitken, L.L.P., Lincoln, for appellant.

Kevin J. Schneider and Pamela Epp Olsen, of Cline, Williams, Wright, Johnson & Oldfather, P.C., Lincoln, and, of Counsel, Don C. Bottorf, of Bottorf & Maser, Sutton, for appellees City of Sutton, mayor of City of Sutton, and members of Sutton City Council.

David A. Hecker, Lincoln, and Richard P. Jeffries, of Kutak Rock, L.L.P., Omaha, for appellee Van Kirk Sand & Gravel, Inc.

CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

The City of Sutton, Nebraska (City), sought to make improvements to its wastewater treatment facility. The City received bids from a number of construction companies, including JJ Westhoff Construction Company, Inc. (Westhoff), and Van Kirk Sand & Gravel, Inc. (Van Kirk). The Sutton City Council (City Council) awarded the contract for the project to Van Kirk, a local contractor, despite the fact that Westhoff's bid was $16,000 lower. The question presented...

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