Legal Opinion

McClary v. County of Dodge

Nebraska Supreme Court

Decided March 13, 1964No. 35585Published

1Opinion of the CourtBoslaugh, J.

This is an action to recover a void special assessment levied in connection with the construction of a drainage project in Dodge County, Nebraska, known as the Rawhide Ditch project, under Chapter 31, article 1, R. R. S. 1943.

The plaintiffs own a 124-acre tract of land in Dodge County. In order to construct the drainage project, Dodge County paid the plaintiffs $3,045 for an 80-foot right-of-way across the plaintiffs’ land. The amount paid represented damages for 2.24 acres taken for the easement and severance damages to 6.46 acres.

After the drainage project had been completed a special…

2Cases cited10 opinions

  1. Harmon v. City of OmahaNebraska Supreme Court · 1897
  2. Gutschow v. Washington CountyNebraska Supreme Court · 1905
  3. Loup River Public Power District v. County of PlatteNebraska Supreme Court · 1944
  4. Cullingham v. City of OmahaNebraska Supreme Court · 1943
  5. Morris v. Washington CountyNebraska Supreme Court · 1904

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