Legal Opinion

City of Elkhorn v. City of Omaha

Nebraska Supreme Court

Decided January 12, 2007No. S-05-1006PublishedCited by 33 opinions

1Opinion of the CourtConnolly, J.

The City of Omaha, Nebraska, and the City of Elkhorn, Nebraska, raced to pass ordinances to annex' territories that would expand their respective boundaries. Omaha’s ordinances sought to annex land that would make it contiguous and adjacent to Elkhorn, thus allowing Omaha to annex Elkhorn. Elkhorn’s annexation ordinance, on the other hand, sought to annex surrounding sanitary improvement districts (SIDs) to raise Elkhorn’s population to over 10,000, which would immunize it from unilateral annexation by Omaha. See Neb. Rev. Stat. § 14-117 (Cum. Supp. 2006).

Despite Elkhorn’s attempt to annex…

2Cases cited35 opinions

  1. Freedom Newspapers, Inc. v. Orange County Employees Retirement System Board of DirectorsCalifornia Supreme Court · 1993
  2. Centinela Hospital Assn. v. City of InglewoodCalifornia Court of Appeal · 1990
  3. Wagner v. City of OmahaNebraska Supreme Court · 1952
  4. Delaware Solid Waste Authority v. News-Journal Co.Supreme Court of Delaware · 1984
  5. Grein v. Board of EducationNebraska Supreme Court · 1984

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3Cited by33 opinions

  1. Barnes v. City of OmahaCourt of Appeals for the Eighth Circuit · 2009
  2. City of Omaha v. City of ElkhornNebraska Supreme Court · 2008
  3. Holloway v. StateNebraska Supreme Court · 2016
  4. Wetovick v. County of NanceNebraska Supreme Court · 2010
  5. Citizens of Decatur for Equal Education v. Lyons-Decatur School DistrictNebraska Supreme Court · 2007

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