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CENTRAL NEB. PUB. POWER v. JEFFREY LAKE

No. S-03-701.

679 N.W.2d 235 (2004)

267 Neb. 997

The CENTRAL NEBRASKA PUBLIC POWER AND IRRIGATION DISTRICT, a public corporation and political subdivision of the State of Nebraska, appellant v. JEFFREY LAKE DEVELOPMENT, INC., a Nebraska nonprofit corporation, et al., appellees.

Supreme Court of Nebraska.

May 14, 2004.

Attorney(s) appearing for the Case

Michael C. Klein, of Anderson, Klein, Peterson & Swan, Holdrege, for appellant.

Todd B. Vetter, of Fitzgerald, Vetter & Temple, Norfolk, and Steve Windrum, Gothenburg, for appellees.

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

WRIGHT, J.

NATURE OF CASE

The Central Nebraska Public Power and Irrigation District (Central) filed this declaratory judgment action against Jeffrey Lake Development, Inc. (Jeffrey Lake), and other sublessees, seeking interpretation of the parties' rights under a lease agreement, including the notice required to terminate the agreement. The district court sustained the defendants' demurrers, finding that no justiciable controversy existed, and dismissed...

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