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WASTE CONNECTIONS v. CITY OF LINCOLN

No. S-03-1356.

697 N.W.2d 256 (2005)

269 Neb. 855

WASTE CONNECTIONS OF NEBRASKA, INC., a Delaware corporation, doing business as Midwest Refuse and Recycling Service, Inc., and Butler County Landfill, Inc., a Nebraska corporation, appellants, v. CITY OF LINCOLN, Nebraska, a city of the primary class of the State of Nebraska, appellee.

Supreme Court of Nebraska.

May 27, 2005.

Attorney(s) appearing for the Case

Stephen D. Mossman and J.L. Spray, of Mattson, Ricketts, Davies, Stewart & Calkins, Lincoln, for appellants.

Dana W. Roper, Lincoln City Attorney, Margaret Blatchford, and William F. Austin, of Erickson & Sederstrom, P.C., for appellee.

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

McCORMACK, J.

NATURE OF CASE

Waste Connections of Nebraska, Inc. (Waste Connections), and Butler County Landfill, Inc. (collectively the appellants), sought declaratory judgment and injunctive relief and challenged the constitutionality of an occupation tax imposed by the City of Lincoln on licensed haulers of solid waste. The district court denied the appellants' motion for injunction. Thereafter, the appellants filed an amended verified petition, which...

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