|
��� 1��������� l'�1 �� �J � ��� ��� �
<br />—_.—�__.___-----._ . __..__. _�_ __ _.. __----�i.�------__— ___,._�_.__—.__
<br /> ._
<br /> rxc�ucusnxcco.-7606
<br /> �,------------�_._ _..__— -__._._�._...__- ' ------ -- — "
<br /> �i 1I
<br /> �' DECREE �1
<br /> _
<br /> TN THE DISTRICT COURT OF HALL COUNTY,NEBRASKA ''
<br /> ;
<br /> �mma A.�ilisen, plaintifP ; � ';
<br /> ;�
<br /> , -vs- ; DECREE, V
<br /> �
<br /> Clty of Grand island, in Hall ) ` `;
<br /> ��
<br /> County, �ebraska, a municipal ) jj
<br /> corpora'Gion, defendant � �;
<br /> II
<br /> �, Now on this 20th day o� June, 1935, this cause came on for hearing on �notion of plaintiff, by $.G€�
<br /> 'i
<br /> � Abbott, her attorney to enter the default of the defendant, and the defendant still Pailing ta i
<br /> ;
<br /> ar�pear, answer, or otherwise plead to plaintiFf 's petition and it appearing that the defendant �
<br /> : ;;
<br /> � was reguiarly served with summons under the �eneral equity �juri�diction of this court and it fur- '�
<br /> ' ther appearing that the petitioner within 10 days of tY�e filing of said petition, caused a copy ',,�
<br /> i;
<br /> ! thereof to be served on defendant City in the manner provided by law for the serv3ce of summons �
<br /> �i
<br /> �
<br /> " in a civil action, and more than 30 days having elapsed since the service of said eopy of said ;
<br /> ';i
<br /> petition and the time having elapaed for pleading under sf�id summons and under sec. 16-106, compi�led
<br /> uu
<br /> „
<br /> statues of Nebraeka 1929 and the de�'endant, being in default of� any pleading, it is ordered that '�
<br /> ' the default of defendant be entered and that the facts atated in plaintiff 's petition be taken as ":
<br /> ��
<br /> � true as against it.
<br /> ' This cause coming on further for hearing on plaintiPf �s petition was submi�ted to the court on th�
<br /> 1�
<br /> ', pleadings and on the evidence taken in open court, and the court upon conslderation thereof funda�
<br /> 'I' generally for the plaintiff and against the defendant and that plalntifP is entitled to the relie�'
<br /> c.
<br /> ! as prayed far in her petition; finds that plaintiff is the owner in fee simple of East Half of !�
<br /> �� Southweat Quarter of Section Eight (�) , Township �leven (11) , North of Raxige Nine (9) West oY the �'
<br /> �;
<br /> � b P.1�. in said Hall county, exeept the following described tract: commencing at. a point which lie�
<br /> „
<br /> '` 2��.5 Peet South of another point in the North line of said Southwest Quarter, which latter polnt �i
<br /> ,'' lies 356 feet V�est of the Northeast corner oP said tract, running thenee South 141 feet, thenee ;`
<br /> ;� �est 17� �eet, thence North 1�+1 feet, thence East 17� Peet to the place be�inning, said tract of i
<br /> '�' la�d (17� feet by 141 �eet) f'ormerly described as Lots 6, 7 and �, in Bloek 2, in Stanley Place, '�
<br /> ,;
<br /> :�
<br /> ! formerly an addition to said City of Grand Island, together with a strip �F4 �'eet by 1�+1 feet, :
<br /> ,�.
<br /> ;; extending to the middle oP what was known a,s Howard Avenue and a strip 6 fee� by l�l feet to the !;
<br /> �' middle of the former alley in the rear of said lots in said Pormer Stanley Place. And finds that !
<br /> �i
<br /> '� plaintiff�s said tract contains approximately �� aeree and ia within and ad�acent to the corporat�
<br /> 'i
<br /> limits of defendant; that said land of plaintiff 's is unoecupied and there are no hausea or resi- ;�
<br /> i! dents thereon and said land is now and during all the years past has been used exclusively for ���
<br /> '�: farming purposes; that eaid real estate derivee no material benefits from being i�n the cit�r limits�
<br /> � , ;
<br /> r
<br /> , of said City; that said land is not urban in chaxacter and is not suitable to be subdivided inta �;
<br /> ;; or sold as city. lots or for residence or busineas purposes; that no streets or alleys ha.ve been
<br /> !�
<br /> ! or are now laid out or maintained on said eighty acre8 and by reason of the eharacter or �.ocation �",
<br /> i�
<br /> �' oP said l�.nd it is bene�'ited in no way other or different from any �'arm land in elose proximity tqj
<br />� ! said City: that plaintiff's land is and will continue to be unsaleable as long as it is within th�
<br /> �; limits of said City; that said lots are nat required for the city government of said city or for !;
<br /> ,,
<br /> � raunicipal, resident�e or commercial purposes and said Iand is retained in the corporation limits o�
<br /> ' said City solely for the revenues. derived therePr�m by city taxea; that the imposition. of city ta,�ea
<br /> '; on plaintiff's said property by defendant deprives plaintiff of her property withou� due proeesa q;f
<br /> ;
<br /> ' la.w contrary to Section 1 of Article XLV of the constitution of' the State of Nebraska; that pla3;hn-
<br /> '' tiff 's said land has no unity of interest with the platted portions of said city and that ,�ustice ��
<br /> �land equity require that said I.and be disconnected and detaehed from deYendant city. ��
<br /> ��It ie therefore ordered, ad,�ud.ged and decreed by �he court that the land of plaintiff be and the ��
<br /> �? same is hereby disconnected, detached and withdrawn from the cor�orate limits of the Cit�r oP Gran�;
<br /> ,;
<br /> i�
<br /> ;; Isl�nd, ir� Hall County, Nebraska, and that a certified copy oP this decree be filed in the office ��
<br /> i! i;
<br /> l; '
<br /> ti i
<br />
|