Olson v. County of Lancaster

This action originated as a petition by Carl W. Olson for a declaratory judgment to construe the terms of a written lease agreement Olson entered into with the County of Lancaster, and to declare the rights of the parties affected by the lease. The district judge for Lancaster County sustained the defendant’s demurrer, finding that the action was a claim against the county and therefore subject to Neb. Rev. Stat. § 23-135 (Reissue 1987), and that it was never filed with the county clerk as required by the statute.

In reviewing an order sustaining a general demurrer, “we are required to accept…