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Charles B. Matzke Et Al. v. City Seward

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eBook details

  • Title: Charles B. Matzke Et Al. v. City Seward
  • Author : Supreme Court of Nebraska
  • Release Date : January 27, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

Four separate suits were filed by property owner plaintiffs to enjoin the City of Seward, Nebraska, and its officers, defendants,
from levying special assessments for improvements made in water extension districts Nos. 13, 15, 16, and 17 created by ordinance
No. 895, pursuant to section 19-2402, R. R. S. 1943. Plaintiff Lutheran Church-Missouri Synod, a corporation, owns property
in districts Nos. 13 and 15; plaintiff School District of Seward, Seward County, Nebraska, owns property in district No. 17;
more than 50 plaintiffs own properties in either districts Nos. 13, 15, or 16; plaintiff Concordia Teachers College of Seward
owns property in districts Nos. 13, 15, and 16; and interveners-plaintiffs Wakes own property in district No. 17. The hearing
on the equalization of assessments noticed and set for February 27, 1973, was restrained pending trial. The four cases were
consolidated for trial, issues joined, and trial had. The trial court granted an injunction as to districts Nos. 15 and 16,
and it denied injunction as to districts Nos. 13 and 17. Separate appeals and cross-appeals were perfected to this court for
trial de novo to enjoin defendants from levying special assessments in districts Nos. 13 and 17, and defendants' cross-appeal
in districts Nos. 15 and 16 to declare those districts subject to special assessments. Defendants do not challenge injunction as a proper remedy to be invoked against an invalid or improperly levied special assessment.
Futscher v. City of Rulo, 107 Neb. 521, 186 N. W. 536. All parties agree that section 19-2402, R. R. S. 1943, was the statutory
authority relied upon by defendant City of Seward in these proceedings.


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