VAKOC CONSTRUCTION CO. v. CITY OF WAYNE

No. 39017.

213 N.W.2d 721 (1974)

191 Neb. 45

VAKOC CONSTRUCTION CO., a corporation, et al., Appellants, v. The CITY OF WAYNE, Nebraska, a municipal corporation, et al., Appellees.

Supreme Court of Nebraska.

January 4, 1974.


Attorney(s) appearing for the Case

Budd B. Bornhoft, Wayne, for appellants.

John V. Addison, Wayne, for appellees.

Heard before WHITE, C. J., BOSLAUGH, McCOWN, and NEWTON, JJ., and RONIN, District Judge.


RONIN, District Judge.

This is an action in equity by plaintiffs subdividers to enjoin the City of Wayne and its officers, defendants, from maintaining water and sewer lines across two lots in plaintiffs' new addition to the City of Wayne, Nebraska. The facts are not in dispute and the sole issue is the validity of the easement for these utility lines. The trial court held that the city had a valid utility easement. We affirm.

Plaintiffs Wingett are nominal...

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