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HOME BUILDERS ASS'N v. CITY OF LINCOLN

No. S-04-782.

711 N.W.2d 871 (2006)

271 Neb. 353

HOME BUILDERS ASSOCIATION OF LINCOLN, a Nebraska not-for-profit corporation, and Hartland Homes, Inc., a Nebraska corporation, appellants and cross-appellees, v. The CITY OF LINCOLN, a municipal corporation, appellee and cross-appellant.

Supreme Court of Nebraska.

April 7, 2006.

Attorney(s) appearing for the Case

William G. Blake, Mark A. Hunzeker, and Jason L. Scott, of Pierson, Fitchett, Hunzeker, Blake & Katt, Lincoln, for appellants.

Dana W. Roper, Lincoln City Attorney, and Ernest R. Peo III, Lincoln, for appellee.

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

GERRARD, J.

The plaintiffs in this action have challenged the legal authority of the City of Lincoln (the City) to enact an ordinance conditioning the issuance of a building permit for new residential development on the payment of "impact fees," intended to offset the expenses associated with providing municipal services to the new development. For the reasons that follow, we conclude that the City's home rule charter permits...

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