Friday, June 17, 2005

NESCT refuses Schuyler's annexation near Excel Plant

NESCT denies the City of Schuyler its attempted annexation of land on the eastern side of the Excel Meat Plant west of the city. The Supreme Court holds that since county zoned industrial land, the Excel plant stands between the existing corporate limits of Schuyler, a city may ordinarily annex only land that is contiguous with existing city limits. Cornhusker Pub. Power Dist. v. City of Schuyler, S-04-367, 269 Neb. 972. Supremes held " Section 16-117 requires that annexed land be contiguous or adjacent to a city’s corporate limits; it does not provide an exception to that requirement if a city’s growth is boxed in by a county industrial area, unless one of the conditions set forth in § 13-1115 is met" The effect of the annexation would have caused the Power District a substantial drop in revenue from the Excel plant.

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