City of Hastings, Nebraska v. Sheets

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Sidney High School
Court Type
District Court
Case Summary

S-23-0597 City of Hastings, A Nebraska Municipal Corporation (Appellee) v. Norman Sheets, Paul Dietze, and Alton Jackson, Chief Petitioners (Appellants)

Appeal from the District Court for Adams County, Judge Morgan R. Farquhar

Attorneys: Bradley D. Holbrook and Coy T. Clark (Jacobsen, Orr, Lindstrom & Holdbrook, P.C., L.L.O. for Appellant) and Jesse M. Oswald (Hastings City Attorney for Appellee)

Civil: Declaratory Judgment

Proceedings below:  After Appellee sought a declaratory judgment declaring the Appellant’s referendum petition to be invalid, the district court dismissed the matter as moot.  Appellants filed a Petition to Bypass the Court of Appeals, which the Court granted and ordered this case to be transferred to its docket.

Issues: Appellant makes the following assignments of error:  1) The district court erred in finding that the Chief Petitioners were not entitled to a special election on the Third Petition; 2) The district court erred by finding the case was moot; and 3) The district court erred in determining that the Third Petition exceeded the scope of the statutory framework for referendum elections.

Appellee makes the following argument as a cross-appeal:  1) No attempt to repeal or alter an existing measure by referendum petition may be made within two years from the last attempt to do the same. 

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