Ash v. City of Omaha Ex Rel. Pentzien

This is an action in equity brought by the plaintiffs as resident taxpayers of the metropolitan city of Omaha, against the City of Omaha, its mayor and council, the Cassel Realty Company, the Metcalfe Construction Company, corporations, and Theodore W. Metcalfe, in the district court for Douglas County to obtain a judgment finding and declaring the acquisition by the city of a 20-acre tract of land referred to as Krug Park to be ultra vires, illegal, and void.

Previous to the instant trial this case was before the court for the sole purpose of determining whether or not the district court…