City Bourbon v. Frank Miller and Catherine Book Reviews

City Bourbon v. Frank Miller and Catherine by Supreme Court of Nebraska Book Summary

The action involved here is a declaratory judgment suit seeking approval of the annexation of two tracts of land to the plaintiff, a city of the fourth class. The trial court approved the annexation, and a majority of the defendants appealed. The defendants were chosen as representatives of the property owners in the two tracts and there is no contention that they do not fairly represent those classes. Plaintiff alleged that the annexation sought was "reasonable and necessary to the proper development of the City," and that it was "in position to furnish * * * the normal municipal services of the City * * * as same may be needed, and within a reasonable length of time * * *." Defendants position is that the annexation is unreasonable, unnecessary and arbitrary, and that the city would not be able to furnish normal municipal services to the areas within a reasonable time. The proceedings were instituted by a resolution adopted by plaintiffs Board of Aldermen on January 7, 1964. The appeal came first to this Court, but the cause was thereafter transferred to the Springfield Court of Appeals for lack of jurisdiction. An opinion was written and filed there on February 17, 1967; we ordered the case transferred here, upon application of the defendants. The opinion approved the annexation of one tract and disapproved the annexation of the other. We shall adopt, without quotations, parts of the statement of the facts made by the Court of Appeals, with or without changes.

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City Bourbon v. Frank Miller and Catherine (Supreme Court of Nebraska) Book Reviews 2024

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