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CITY OF ELKHORN v. CITY OF OMAHA

No. S-05-1006.

725 N.W.2d 792 (2007)

272 Neb. 867

CITY OF ELKHORN, Nebraska, a municipal corporation, et al., appellants and cross-appellees, v. CITY OF OMAHA, Nebraska, a municipal corporation, et al., appellees and cross-appellants.

Supreme Court of Nebraska.

January 12, 2007.

Attorney(s) appearing for the Case

Jeff C. Miller and Duncan A. Young, of Young & White, Omaha, for appellants.

William M. Lamson, Jr., Lawrence F. Harr, and Craig F. Martin, Omaha, of Lamson, Dugan & Murray, L.L.P., and Paul D. Kratz, Omaha City Attorney, and Alan M. Thelen for appellees.

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

CONNOLLY, J.

The City of Omaha, Nebraska, and the City of Elkhorn, Nebraska, raced to pass ordinances to annex territories that would expand their respective boundaries. Omaha's ordinances sought to annex land that would make it contiguous and adjacent to Elkhorn, thus allowing Omaha to annex Elkhorn. Elkhorn's annexation ordinance, on the other hand, sought to annex surrounding sanitary improvement districts (SIDs) to raise Elkhorn's population to over 10,000, which...

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