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Sanitary & Improvement District No. 196 v. City of Valley

Supreme Court of Nebraska

February 6, 2015

SANITARY AND IMPROVEMENT DISTRICT NO. 196 OF DOUGLAS COUNTY, NEBRASKA, APPELLANT,
v.
CITY OF VALLEY, NEBRASKA, APPELLEE

Page 554

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Appeal from the District Court for Douglas County: MARLON A. POLK, Judge.

James E. Lang and Kathleen M. Foster, of Laughlin, Peterson & Lang, for appellant.

Terry J. Grennan, of Cassem, Tierney, Adams, Gotch & Douglas, and Jeffrey B. Farnham and Andrea M. Griffin, of Farnham & Simpson, P.C., L.L.O., for appellee.

HEAVICAN, C.J., CONNOLLY, STEPHAN, McCORMACK, MILLER-LERMAN, and CASSSSEL, JJ. WRIGHT, J., not participating.

OPINION

Page 557

[290 Neb. 3] Heavican, C.J.

NATURE OF CASE

Sanitary and Improvement District No. 196 (SID 196) filed a complaint in Douglas County District Court seeking to declare ordinance No. 611 of the City of Valley, Nebraska, invalid and enjoin its enforcement. Ordinance No. 611 authorized the annexation of land near Valley's corporate border, some of which includes SID 196. The district court granted Valley's motion for summary judgment and declared the ordinance valid. SID 196 appeals. We affirm the district court's order granting Valley's motion for summary judgment.

BACKGROUND

Valley is a city of the second class, located between Omaha and Fremont, Nebraska. On November 9, 2010, the Valley City Council passed three different ordinances to annex three different areas near Valley. Ordinance No. 611, the subject of this litigation, authorized, pursuant to Neb. Rev. Stat. § 17-405.01 (Reissue 2012), the annexation of land near Valley. This annexed land is labeled annexation " Area A" on the map we have attached as appendix A to our opinion, which map is a portion of an exhibit. Annexation area A consists of six different parcels: A1 through A6. SID 196 is located in area A1. The legal description in ordinance No. 611 describes annexation area A as a whole, and does not individually describe the parcels which make up area A.

Area A1--Ginger Cove.

Area A1 consists of SID 196 and is commonly known as the Ginger Cove subdivision. The area is an almost completely developed residential area with 155 residential homes [290 Neb. 4] surrounding a sandpit lake. At the time of the proposed annexation, it did not share any common borders with Valley, but did share common borders with areas A2 and A3.

Area A2--Ginger Woods.

Area A2 consists of sanitary and improvement district No. 254 and is commonly known as the Ginger Woods subdivision. This area is also an almost completely developed residential area with 65 homes surrounding a sandpit lake. In 2010, it did not share any common borders with Valley, but did share common borders with areas A1 and A3.

Area A3--Plant Site 11.

Area A3 consists of a sandpit lake and surrounding area owned by Lyman-Richey Corporation (Lyman-Richey). Lyman-Richey refers to the area as " Plant Site 11." This area was used as a gravel and sand mine for approximately 50 years, until operations were substantially completed in 2007. It shares a common border with Valley, along with areas A1, A2, A4, and A5. In his deposition, Patrick Gorup, vice president of Lyman-Richey and its parent company, stated that plant site 11 was mined out under current market conditions and that Lyman-Richey had plans to potentially develop the area into a residential property or sell the property. At the time of the summary judgment, there was no residential development on plant site 11.

Area A4--Plant Site 7.

Area A4 is also owned by Lyman-Richey and consists of a currently operating

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gravel and sand mine. This area is east of area A3 and shares a common border with Valley, along with areas A3 and A5. Lyman-Richey expects that mining operations on this site will continue for at least another 7 to 10 years, depending on market conditions. Gorup stated that Lyman-Richey is conducting mining operations on the site in a manner that will better accommodate residential development ...


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