Darling Ingredients, Inc. v. The City of Bellevue, Nebraska

S-20-0405 Darling Ingredients, Inc., et al., v. City of Bellevue, Nebraska (Appellant)

S-20-0406 Frank R. Krejci v. City of Bellevue, Nebraska (Appellant)

Sarpy County District Court, Hon. Nathan B. Cox

Attorneys:                   Bree Robbins, City Attorney for Bellevue, Nebraska (for Appellants);

                                        Michael S. Degan (Dvorak Law Group, for Darling Ingredients, Inc.);

                                        James E. Lang (Attorney for Frank R. Kreici)

Civil:                           Annexation - Injunction

Proceedings below: In both cases, the district court determined that the ordinance annexing the properties at issue was invalid and void because the properties 1) were neither urban nor suburban in character and instead were rural in character and 2) were neither contiguous with nor adjacent to land within the existing corporate limits of the City. The district court issued an order permanently enjoining the City from taking any action to enforce the annexation ordinance.

Issues on Appeal: Whether district court erred when it 1) found that the properties were rural in character; 2) found that the properties were neither contiguous with nor adjacent to the City; and 3) found that the annexation was illegal and that therefore the annexation ordinance was invalid and void.