Barton v. City of Omaha

The issue is whether the City of Omaha is empowered by statute to annex territory located in a foreign county. The district court found against the power. It permanently enjoined the city from enforcing an ordinance that in form annexed land in an adjoining county. The city has appealed.

In 1915 the city, which is located entirely in Douglas County, established its southernmost limit at the north boundary of Sarpy County. One hundred six annexations subsequently occurred. The city is now attempting to annex a contiguous tract of 152.55 acres in Sarpy County. The tract, which is unincorporated,…