Caniglia v. City of Omaha

I find that, upon further consideration of this matter, I must respectfully dissent. The majority’s opinion is, in part, based upon the court’s conclusion that we cannot take judicial notice of § 6.04(7) of the home rule charter of the City of Omaha, and cites as authority for that position Dell v. City of Lincoln, 168 Neb. 174, 95 N.W.2d 336 (1959). It is with that aspect of the opinion that I disagree. While it is true, as noted by the majority, that a court of original jurisdiction, in the first instance, and an appellate court, on review, will not take judicial notice of a municipal…