SPECIAL ASSESSMENTS - NEBRASKA

Johnson v. City of Fremont

Supreme Court of Nebraska - April 18, 2014 - N.W.2d - 2014 WL 1509782

A city relied upon Nebraska’s “gap and extend” law to pave one block of a street and assess the paving costs against abutting property owners. At one end, the new paving adjoined a paved intersection of two paved streets. At the other end, there was no connecting paved street.

Property owner alleged that the levy of special assessments was invalid, claimed that the street improvement did not fill an unpaved gap between paved streets, but, rather, merely extended the paving on Donna Street.

The Supreme Court of Nebraska held that the paving was authorized under the second sentence of § 18–2001, which permitted the city to “pave any unpaved street … which intersects a paved street for a distance of not to exceed one block on either side of such paved street.”



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