Opinion No. (1977)

REQUESTED BY: Dear Senator:

On January 26, 1977, you requested the opinion of this office concerning the constitutional validity of L.B. 36, which allows the merger of municipal and county governments in a county containing a city of the primary class. In our opinion, L.B. 36 is constitutionally questionable.

L.B. 36 allows the merger of the county and the primary class city into a single municipal government which shall perform all, or substantially all, of the governmental and corporate functions previously performed by the county and municipality. Such would appear to implicitly dissolve the…