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SARPY COUNTY FARM v. LEARNING COMMUNITY

No. S-11-805.

808 N.W.2d 598 (2012)

283 Neb. 212

SARPY COUNTY FARM BUREAU, a Nebraska nonprofit corporation, et al., appellees, v. LEARNING COMMUNITY of DOUGLAS and Sarpy Counties, et al., appellants, and Sarpy County treasurer, Rich James, in his official capacity, et al., appellees.

Supreme Court of Nebraska.

February 3, 2012.

Attorney(s) appearing for the Case

Scott E. Daniel and Kurth A. Brashear , of Brashear, L.L.P., Omaha, for appellant Learning Community of Douglas and Sarpy Counties.

Kenneth W. Hartman , Elizabeth Eynon-Kokrda , and Kelly R. Dahl , of Baird Holm, L.L.P., Omaha, for appellant Douglas County School District No. 1.

Patrick J. Sullivan and Benjamin E. Maxell , of Adams & Sullivan, P.C., Papillion, for appellant Sarpy County School District No. 1.

Thomas J. Culhane and Matthew V. Rusch , of Erickson & Sederstrom, P.C., Omaha, for appellees Sarpy County Farm Bureau, John Knapp, and Ron Woodle.

Jeff C. Miller , Duncan A. Young , and Keith I. Kosaki , of Young & White Law Offices, Omaha, for appellee Douglas County School District No. 17.

Michael F. Coyle and Patrick S. Cooper , of Fraser Stryker, P.C., L.L.O., Omaha, for appellee Douglas County School District No. 66.

HEAVICAN, C.J., CONNOLLY, STEPHAN, and McCORMACK, JJ., INBODY, Chief Judge, and SIEVERS and CASSEL, Judges.

STEPHAN, J.

In 2010, the Learning Community of Douglas and Sarpy Counties (Learning Community) established a common levy for the general fund budgets of its 11 member school districts.1 After Sarpy County levied this tax on real property, three taxpayers brought an action in the district court seeking a declaration that the tax was unconstitutional. They alleged that (1) it was a property tax...

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