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JOHNSON v. CITY OF FREMONT

No. S-13-668.

845 N.W.2d 279 (2014)

287 Neb. 960

Roland JOHNSON and Karen Johnson, Trustees of the Roland and Karen Johnson Trust, appellees, v. CITY OF FREMONT, Nebraska, a municipal corporation, appellant.

Supreme Court of Nebraska.

Filed April 18, 2014.

Attorney(s) appearing for the Case

Paul A. Payne for appellant.

Steven G. Ranum and Martin P. Pelster , of Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, L.L.C., for appellees.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

Cassel, J.

INTRODUCTION

A city relied upon Nebraska's "gap and extend" law1 to pave one block of a street and assess the paving costs against abutting property owners. At one end, the new paving adjoined a paved intersection of two paved streets. At the other end, there was no connecting paved street. We must decide whether the paving was authorized under the second sentence of § 18-2001, which permitted the city to "pave...

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