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TIERNEY v. FOUR H. LAND CO. LTD.

No. S-13-720.

852 N.W.2d 292 (2014)

288 Neb. 586

James TIERNEY and Jeffrey Tierney, appellants, v. FOUR H LAND COMPANY LIMITED PARTNERSHIP et al., appellees.

Supreme Court of Nebraska.

Filed July 18, 2014.

Attorney(s) appearing for the Case

James J. Paloucek , of Norman, Paloucek & Herman Law Offices, for appellants.

Jay C. Elliott , of Elliott Law Office, P.C., L.L.O., for appellees Four H Land Company Limited Partnership and Western Engineering Company, Inc.

David W. Pederson , of Pederson Law Office, and Lou Jungbauer , of Yaeger, Jungbauer & Barczak, for appellees Frank Aloi and Aloi Living Trust.

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

Wright, J.

NATURE OF CASE

In 1998, James Tierney and Jeffrey Tierney entered into an agreement with Four H Land Company Limited Partnership (Four H) and Western Engineering Company, Inc. (Western), regarding operation of a sand and gravel pit on property owned by Four H. In this agreement, the Tierneys agreed to waive their right to contest the issuance of a conditional use permit (CUP) for operation of the sand...

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