Eckstein v. City of Lincoln

The plaintiffs own residence properties on 44th Street north of Colfax Avenue in Lincoln, Nebraska. This action was brought to enjoin the City from enforcing an ordinance relating to the use of private wells within the city limits. The ordinance, section 8.52.010 of the Lincoln municipal code, provides as follows: “The use of private wells within the limits of the city for domestic purposes shall be permitted only when the city’s water distribution system is not available to the premises on which water is required. The city water distribution system shall, for the purposes of this chapter, be…