Legal Opinion

Village of Winside v. Jackson

Nebraska Supreme Court

Decided October 4, 1996No. S-94-506PublishedCited by 36 opinions

1Opinion of the CourtConnolly, J.

We are asked to decide whether a municipality, in conformance with the Integrated Solid Waste Management Act (Act), may charge a garbage fee to persons that do not use the service. We hold that the Act does not permit the imposition of a garbage fee on a nonuser of the service and therefore reverse the Nebraska Court of Appeals’ decision affirming the district court’s decision.

BACKGROUND

On October 22, 1993, the Village of Winside (Village) filed a claim against Scott Jackson, doing business as Woodleaf Apartments, in small claims court seeking $293.50 plus costs for past-due garbage bill…

2Cases cited15 opinions

  1. City of Glendale v. TrondsenCalifornia Supreme Court · 1957
  2. Omaha Public Power District v. Nebraska Department of RevenueNebraska Supreme Court · 1995
  3. Goolsby v. AndersonNebraska Supreme Court · 1996
  4. State Ex Rel. Stenberg v. MurphyNebraska Supreme Court · 1995
  5. Baker's Supermarkets, Inc. v. StateNebraska Supreme Court · 1995

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3Cited by36 opinions

  1. Van Ackeren v. NEBRASKA BOARD OF PAROLENebraska Supreme Court · 1997
  2. Sanitary & Improvement District No. 1 v. Nebraska Public Power DistrictNebraska Supreme Court · 1998
  3. State Ex Rel. City of Elkhorn v. HaneyNebraska Supreme Court · 1997
  4. State Ex Rel. City of Alma v. Furnas County FarmsNebraska Supreme Court · 2003
  5. Southeast Rural Volunteer Fire Department v. Nebraska Department of RevenueNebraska Supreme Court · 1997

31 more not listed; retrieve them via the Exa API.

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