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JAPP v. PAPIO-MISSOURI RIVER

No. S-05-398.

716 N.W.2d 707 (2006)

271 Neb. 968

William JAPP and Mari Japp, husband and wife, et al., appellants, v. PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, a political subdivision of Nebraska, and Dial Realty Development Corp., a Nebraska corporation, appellees.

Supreme Court of Nebraska.

July 7, 2006.

Attorney(s) appearing for the Case

LeRoy W. Sievers, Rodney M. Confer, Lincoln, Jocelyn Walsh Golden, and Kevin R. McManaman, of Knudsen, Berkheimer, Richardson & Endacott, L.L.P., for appellants.

Terry J. Grennan and Michael F. Scahill, Omaha, of Cassem, Tierney, Adams, Gotch & Douglas, and Jeffrey B. Farnham, P.C., L.L.O., for appellee Dial Realty Development Corp.

Paul F. Peters, P.C., L.L.O., of Taylor, Peters & Drews, for appellee Papio-Missouri River Natural Resources District.

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

GERRARD, J.

The Papio-Missouri River Natural Resources District (PMRNRD) negotiated a purchase of land from Dial Realty Development Corp. (Dial) for the development of a reservoir and dam. The board of directors of PMRNRD (Board) approved a resolution authorizing PMRNRD's general manager to execute an agreement with Dial for the project. The appellants, area landowners and taxpayers, filed a declaratory action against PMRNRD and Dial, seeking a declaratory judgment...

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