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Johnson v. City of Fremont

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Date: 
Tuesday, March 4, 2014

S-13-0668, Roland Johnson and Karen Johnson, Trustees of the Roland and Karen Johnson Trust v. The City of Fremont (Appellant)

Dodge County, Judge Geoffrey C. Hall

Attorneys: Paul A. Payne (City Attorney’s Office) — Steven G. Ranum & Martin P. Pelster (Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger LLC)

Civil: Authority to specially assess property for paving project under Neb. Rev. Stat. §§ 18-2001 et seq. (Reissue 2012)

Proceedings Below: The district court sustained appellees’ motion for summary judgment and denied the City of Fremont’s motion for summary judgment. The court determined that the City did not have authority to levy the special assessments at issue and ordered that the special assessments paid by appellees be refunded.

Issue: The City assigns that the district court erred in (1) granting appellees’ motion for summary judgment, (2) finding the City exceeded the limitations imposed by §§ 18-2001 to 18-2003, (3) finding the assessments against appellees’ properties arising from Unit No. 97 were invalid, (4) failing to properly define the statutory scheme and interpret the law and statutes, and (5) using a point not necessary to be passed on in Iverson v. City of North Platte, 243 Neb. 506, 500 N.W.2d 574 (1993), as authority in this case.

 

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