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Remedies Keyed to Tabb, 8th
City of Hastings v. Jerry Spady
Citation:
212 Neb. 137 (1982)Facts
The City of Hastings developed a comprehensive plan in 1976-1977 requiring extension of F Street across abandoned Missouri Pacific Railroad property, which was the only feasible route for a major east-west thoroughfare in south Hastings. Duane Stromer attended planning commission meetings as city attorney where this need was discussed. Beginning in April or July 1977, Stromer contacted Missouri Pacific about purchasing the property, sometimes representing himself as city attorney and other times claiming personal interest. While city officials were obtaining appraisals and planning to offer eighteen thousand dollars, Stromer falsely told Missouri Pacific the city was not interested, negotiated a purchase price of ten thousand nine hundred dollars, and ultimately had the deed issued to Jerry Spady Pontiac-Cadillac, Inc., his other client, on the same day the city council voted to make its offer. Stromer concealed these activities from the city until discovered in March 1978.
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