City of O'Neill v. Consumers Public Power District

White, C. J., Carter and Spencer, JJ.,

dissenting.

We respectfully dissent from adherence to the former opinion herein. We are now convinced that our former opinion was wrong and should be withdrawn. The contract in question is unauthorized or ultra vires as to the City of O’Neill, and consequently is null and void.

A city has only such powers as are granted by statute. A recent restatement of the rule is appropriate here. In City of Milford v. Schmidt, 175 Neb. 12, 120 N. W. 2d 262, we said: “A city of the second class has no power except that conferred by statute. As we said in Dell v. City of…