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BAUER v. LANCASTER COUNTY SCHOOL D. 001

No. S-91-300.

501 N.W.2d 707 (1993)

243 Neb. 655

Barbara A. BAUER, Individually as a Taxpayer and on Behalf of All People Similarly Situated, Appellee, v. LANCASTER COUNTY SCHOOL DISTRICT 001, Also Known As Lincoln Public Schools, et al., Appellants.

Supreme Court of Nebraska.

June 18, 1993.

Attorney(s) appearing for the Case

Edwin C. Perry, of Perry, Guthery, Haase & Gessford, P.C., and William F. Austin, Lincoln City Atty., and Dana W. Roper, Lincoln, for appellants.

Miles W. Johnston, Sr., and Miles W. Johnston, Jr., Lincoln, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, FAHRNBRUCH, and LANPHIER, JJ.

PER CURIAM.

The appellants claim that the trial court erred in finding that the City of Lincoln does not own Cooper Park and therefore had no authority to enter into an agreement with the Lincoln Public Schools for use of the parkland.

We reverse the order of the district court for Lancaster County and remand the cause with directions to dismiss the plaintiff-appellee's petition.

FACTS

On June 1, 1989, the City of Lincoln (City) and Lancaster...

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