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SARPY v. CITY OF PAPILLION

No. S-08-166.

765 N.W.2d 456 (2009)

277 Neb. 829

The County of SARPY, Nebraska, a body corporate and politic, appellee and cross-appellant, v. The CITY OF PAPILLION, Nebraska, a municipal corporation, appellant and cross-appellee.

Supreme Court of Nebraska.

May 22, 2009.

Attorney(s) appearing for the Case

Michael N. Schirber, of Schirber & Wagner, L.L.P., Papillion, for appellant.

L. Kenneth Polikov, Sarpy County Attorney, Michael A. Smith, and Kerry A. Schmid for appellee.

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

McCORMACK, J.

NATURE OF CASE

The County of Sarpy, Nebraska (Sarpy), challenged two ordinances passed by the City of Papillion, Nebraska (Papillion), that purported to annex land and portions of several streets, including Highway 370. Sarpy also challenged the ordinance that redrew the zoning area for Papillion as a result of the newly acquired land. Sarpy alleged that the annexations were null and void and that an injunction should be issued against the...

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