Main St Properties, LLC v. City of Bellevue, Nebraska

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Main St Properties, LLC v. City of Bellevue, Nebraska

Case Number
Call Date
November 2, 2021
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

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.

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