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McCLARY v. COUNTY OF DODGE

No. 35585.

126 N.W.2d 849 (1964)

176 Neb. 627

Samuel W. McCLARY, Ida Belle McClary, Hugh W. McClary, Maude G. McClary, Appellees, v. The COUNTY OF DODGE, in and for the State of Nebraska, Appellant.

Supreme Court of Nebraska.

March 13, 1964.

Attorney(s) appearing for the Case

A. C. Sidner, Fremont, for appellant.

Richards, Yost & Schafersman, Fremont, for appellees.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.

BOSLAUGH, Justice.

This is an action to recover a void special assessment levied in connection with the construction of a drainage project in Dodge County, Nebraska, known as the Rawhide Ditch project, under Chapter 31, article 1, R.R.S.1943.

The plaintiffs own a 124-acre tract of land in Dodge County. In order to construct the drainage project, Dodge County paid the plaintiffs $3,045 for an 80-foot right-of-way across the plaintiffs' land. The amount paid...

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