Opinion No. (1979)

REQUESTED BY: Dear Senator Carsten:

You have asked two questions concerning LB 285. In your first question you ask whether or not home rule charter cities would be exempt from budget limitation such as that contained in LB 285.

In this question you direct our attention to the case of Epply Hotels Co. v. City of Lincoln, 133 Neb. 550,276 N.W. 196 (1937). In the Eppley case the contention was that the Legislature, by enacting a statute with a lower limit, precluded imposition of a higher limit authorized by the charter. However, the Supreme Court held a city adopting a home rule charter, under…