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METRO. COMMUNITY COLLEGE AREA v. CITY OF OMAHA

No. S-08-813.

765 N.W.2d 440 (2009)

277 Neb. 782

The METROPOLITAN COMMUNITY COLLEGE AREA, a political subdivision of the State of Nebraska and body corporate and politic, Appellant, v. CITY OF OMAHA et al., Appellees.

Supreme Court of Nebraska.

May 15, 2009.

Attorney(s) appearing for the Case

Robert T. Cannella and Gerald L. Friedrichsen, of Fitzgerald, Schorr, Barmettler & Brennan, P.C., L.L.O., Omaha, and James R. Thibodeau, for appellant.

Paul D. Kratz, Omaha City Attorney, and Bernard J. in den Bosch, for appellees.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ.

HEAVICAN, C.J.

INTRODUCTION

The Metropolitan Community College Area (Metro) filed an action requesting that the City of Omaha (City) be permanently enjoined from condemning land owned by Metro. The district court denied Metro's request. Metro appeals.

FACTUAL BACKGROUND

The facts of this case are largely stipulated. The City sought to condemn a portion of Metro's Elkhorn Valley campus. Metro...

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