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MAXON v. CITY OF GRAND ISLAND

No. S-05-1204.

731 N.W.2d 882 (2007)

273 Neb. 647

Howard L. MAXON, Appellant, v. CITY OF GRAND ISLAND, Nebraska, Appellee.

Supreme Court of Nebraska.

May 25, 2007.

Attorney(s) appearing for the Case

Vincent Valentino, of Angle, Murphy, Valentino & Campbell, P.C., York, for appellant.

William A. Harding and Adam J. Prochaska, of Harding, Shultz & Downs, Lincoln, and Douglas R. Walker, Grand Island City Attorney, for appellee.

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

GERRARD, J.

NATURE OF CASE

Howard L. Maxon, a former officer of the City of Grand Island, Nebraska, appeals from the order of the district court affirming the termination of his employment by the city. Pursuant to Grand Island city ordinance § 2-22, an officer of the city, such as Maxon, may be removed from office by the mayor for "misconduct." Because we conclude that the city's allegations against Maxon do not constitute misconduct, we reverse the...

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