Bruns v. City of Seward

Plaintiff, a taxpayer, attacked a resolution by which the city council of the City of Seward had undertaken to establish an airport authority. Seeking injunctive relief, he alleged that the city had not satisfied a statutory condition. The statute has required a city to own or *659operate an airport before it can create an airport authority. The district court found for plaintiff, declaring the airport authority nonexistent and ordering a permanent injunction. Defendants city, councilman, clerk, and members of the airport- authority appeal.

An airport was built in 1966 by Charles H. Krutz. Having…