S-23-0923 Rodney Johnson (Appellant) v. City of Omaha and FCC Environmental Services Nebraska, LLC (Appellees)
Appeal from the District Court for Douglas County, Judge James M. Masteller
Attorneys: Adam J. Sipple (Sipple Law for Appellant), Ryan J. Wiesen (Deputy City Attorney for Appellee, City of Omaha) and James G. Powers and Alexander K. Shaner (McGrath North Mullin & Kratz, PC LLO for Appellee, FCC Environmental Services Nebraska, LLC)
Civil: Contracts and Summary Judgment
Proceedings below: Appellant filed a lawsuit alleging that Appellees exceeded its authority and violated the bidding process when awarding the waste collection contract to FCC Environmental Services, Nebraska LLC. The district court granted Appellees motions for summary judgment and dismissed Appellant’s amended complaint. On its own motion, the Court ordered that this case be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The district court erred by granting summary judgment in favor of Appellees on Count II of the Amended Complaint; 2) The district court erred by granting summary judgment in favor of Appellees on Count IV of the Amended Complaint; 3) The district court erred by denying Appellant’s motion for summary judgment on Count IV of the Amended Complaint; and 4) The district court abused its discretion by denying Appellant leave to amend his Complaint to allege the City lacked authority to enter a contract with FCC-NE, an entity that never submitted a bid, and, in fact, had not been formed under Nebraska law until after the contract was awarded.