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SCHAUER v. GROOMS

No. S-07-740.

786 N.W.2d 909 (2010)

280 Neb. 426

Curt SCHAUER and Susan Schauer, appellants, v. Alvin "Jeep" GROOMS et al., appellees.

Supreme Court of Nebraska.

August 6, 2010.

Attorney(s) appearing for the Case

George G. Vinton, North Platte, for appellants.

Steven M. Curry, Central City, for appellee Green Plains Ord LLC.

Justin R. Herrmann and Daniel L. Lindstrom, of Jacobsen, Orr, Nelson, Lindstrom & Holbrook, P.C., L.L.O., Kearney, for appellees Alvin "Jeep" Grooms et al.

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

McCORMACK, J.

I. NATURE OF CASE

Curt Schauer and Susan Schauer live in Valley County, Nebraska, several miles outside of the City of Ord (City). The Schauers seek to invalidate the annexation by the City of neighboring vacant agricultural land. The annexation enabled the use of tax increment financing (TIF) for the construction of an ethanol plant, which the Schauers opposed as a nuisance to their farmstead.

The Schauers alleged two causes of action...

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