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.