S-21-0129 Main St. Properties, LLC (Appellant) v. City of Bellevue
Sarpy County District Court, Hon. George A. Thompson
Attorneys: David A. Domina (Domina Law Group, for Appellant); Bree Robbins, Annie Mathews (Bellevue City Attorneys, for Appellee)
Civil: Declaratory judgment; Injunction
Proceedings Below: The district court dismissed Appellant’s complaint after it determined that it lacked subject matter jurisdiction because the remedy for the challenge raised by Appellant was by petition in error and not an action for declaratory judgment and injunction.
Issues on Appeal: Whether 1) the district court lacked subject matter jurisdiction over Appellant’s complaint seeking declaratory judgment and injunction; 2) Appellant’s complaint stated a claim upon which relief may be granted; and 3) Appellant was entitled to an injunction against enforcement of the rezoning ordinance enacted by the City of Bellevue.