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McNALLY v. CITY OF OMAHA

No. S-05-1022.

731 N.W.2d 573 (2007)

273 Neb. 558

Thomas P. McNALLY, Trustee, and Shirley J. McNally, Trustee, appellants, v. CITY OF OMAHA and City of Omaha Board of Review, appellees.

Supreme Court of Nebraska.

May 18, 2007.

Attorney(s) appearing for the Case

Andrew D. Strotman and Stanton N. Beeder, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for appellants.

Alan M. Thelen, Assistant Omaha City Attorney, for appellees.

Daniel G. Crouchley, Susan E. Prazan, and Patrick L. Tripp, Omaha, for amicus curiae Metropolitan Utilities District of Omaha.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ., and CASSEL, Judge.

McCORMACK, J.

I. NATURE OF CASE

Thomas P. McNally and Shirley J. McNally appeal from the Douglas County District Court, which affirmed a decision of the City of Omaha Building Board of Review (the Board) denying the McNallys' challenge of a "Notice of Violation" (violations notice) issued by the City of Omaha code inspectors on a rental property.

II. BACKGROUND

The McNallys own a duplex in Omaha...

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