Sweeney v. City of Gering

Mues, Judge.

I. INTRODUCTION

Brian J. Sweeney appeals from the dismissal of his petition against the City of Gering following his election to stand on that petition after the district court granted Gering’s demurrer for failure to state a cause of action. Finding that Sweeney’s petition did indeed fail to state a cause of action, we affirm.

II. BACKGROUND

The facts as alleged in Sweeney’s operative petition are as follows:

On February 23, 1996, Larry Soto had an International Harvester loader parked on 17th Street near Mitchell Pass Boulevard in Gering. At approximately 7:17 p.m., Sweeney was…