Legal Opinion

Rutherford v. City of Omaha

Nebraska Supreme Court

Decided July 19, 1968No. 36750PublishedCited by 1 opinion

1Opinion of the CourtSmith, J.

Plaintiffs’ and intervener’s petitions concerning sewer use charges made by the City of Omaha were 'dismissed after trial. Plaintiffs and intervener have appealed. Their contentions are: (1) The rates and charges were unjustly discriminatory. The city unduly preferred (a) the class of commercial and industrial users to the class of residential users, and (b) the large residential user and the large industrial user to the small commercial user. (2) The city imposed unenforceable special assessments and penalties, not sewer use charges.

Land use in Omaha in 1960 was 6 percent commercial, 42…

2Cases cited17 opinions

  1. Western Union Telegraph Co. v. Call Publishing Co.Supreme Court of the United States · 1901
  2. City of Glendale v. TrondsenCalifornia Supreme Court · 1957
  3. Gericke v. PhiladelphiaSupreme Court of Pennsylvania · 1945
  4. Sharp v. HallSupreme Court of Oklahoma · 1947
  5. Bexar County v. City of San AntonioCourt of Appeals of Texas · 1961

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3Cited by1 opinion

  1. Rutherford v. City of OmahaNebraska Supreme Court · 1968

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