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SANITARY AND IMPR. DIST. v. DEPT. OF ROADS

No. S-20-659.

961 N.W.2d 796 (2021)

309 Neb. 600

SANITARY AND IMPROVEMENT DISTRICT NO. 67 OF SARPY COUNTY, Nebraska, appellant, v. State of Nebraska DEPARTMENT OF ROADS and Sarpy County, Nebraska, appellees.

Supreme Court of Nebraska.

Filed June 25, 2021.

Attorney(s) appearing for the Case

Dean J. Jungers , of Hascall, Jungers & Garvey, Bellevue, for appellant.

Douglas J. Peterson , Attorney General, and Matthew F. Gaffey , Lincoln, for appellee Nebraska Department of Roads.

John W. Reisz , Deputy Sarpy County Attorney, for appellee Sarpy County.

Heavican, C.J., Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

INTRODUCTION

This is an inverse condemnation action, brought by a sanitary and improvement district (SID) seeking compensation from the State. The district court dismissed the action on the pleadings, finding the SID lacked standing.

We agree. The SID is a political subdivision of the State, created by and subject...

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