Sommerfeld v. City of Seward

The City of Seward appeals a declaratory judgment entered by the district court for Seward County in favor of Richard and Lynn Sommerfeld, namely, judgment that a resolution of the Seward City Council was unconstitutional. See Uniform Declaratory Judgments Act, Neb. Rev. Stat. §§ 25-21,149 to 25-21,164 (Reissue 1979). The district court also issued a mandatory injunction in favor of Sommerfelds requiring the city’s issuance of a permit for a well within the city. We affirm.

Since 1981 the city has had ordinance No. 9-834, which, in pertinent part, provides:

It shall be unlawful for any person…