Rasp v. City of Omaha

The question involved in this case is the validity of certain bonds issued by the city of Omaha to pay damages assessed in proceedings in eminent domain for the condemnation of certain lands for parkways outside the corporate limits of the city. The action is to enjoin the sale of the bonds, and, the injunction having been denied a,nd case dismissed by the district court, plaintiff appeals.

Our decision rests upon the proper construction of two sections of the charter of metropolitan cities, the relevant portions of which are as follows:

“The city council may purchase or acquire by the exercise…