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JAPP v. PAPIO-MISSOURI RIVER NRD

No. S-06-045.

733 N.W.2d 551 (2007)

273 Neb. 779

William JAPP and Mari Japp, husband and wife, et al., appellants, v. PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, a political subdivision of Nebraska, Appellee, and Shadow Lake Development, LLC, a Nebraska limited liability company, intervenor-appellee.

Supreme Court of Nebraska.

June 22, 2007.

Attorney(s) appearing for the Case

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

Paul F. Peters, P.C., L.L.O., of Taylor, Peters & Drews, for appellee.

David L. Welch, of Pansing, Hogan, Ernst & Bachman, L.L.P., Omaha, for intervenor-appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ., and CARLSON, Judge.

CONNOLLY, J.

The appellants are resident landowners and taxpayers within the Papio-Missouri River Natural Resources District (District). They object to a development agreement in which the District agreed to provide funds to construct two dams in a private commercial and residential development in Papillion, Sarpy County, Nebraska. The district court denied the appellants' complaint for a declaratory judgment and an injunction...

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