Gaughen v. Sloup

This is an action against the mayor and council of the City of North Bend, Nebraska, to enjoin the paving of certain streets and the assessment of plaintiffs’ property for the paving. The District Court found in favor of the defendants mayor and council and dismissed plaintiffs’ petition.

Plaintiffs own property in North Bend, Nebraska, a city of the second class. Prior to 1963, paving districts in such cities could only be created under the provisions of sections 17-509 through 17-512, R. R. S. 1943. Under those sections the council, acting by itself, could not create a paving district over…