Dundee Realty Co. v. City of Omaha

Messmore, j.

Plaintiff owned real estate in Omaha which was included by ordinance within a restricted zone for high-type residential use. Plaintiff contends that such inclusion was unreasonable, arbitrary and amounted to the taking of its real estate, or a part thereof, unlawfully. The trial court sustained the ordinance.

In this case there is a stipulation that the trial court, who heard and determined the first action, try the issues involved in this,- the second, action. The transcript sets forth a history of the ordinances involved, their relationship to each other and their effect.…