State Ex Rel. Spire v. Beermann

This is an original action concerning the alleged unconstitutionality of §§ 6 to 11 of 1989 Neb. Laws, L.B. 247, of the Ninety-first Legislature, First Session, which legislation is now codified as Neb. Rev. Stat. §§ 85-1,118 to 85-1,123 (Supp. 1989).

Neb. Const. art. V, § 2, provides, in part: “No legislative act shall be held unconstitutional except by the concurrence of five judges.”

Four judges of this court are of the opinion that the legislation in question is unconstitutional, while three judges of this court are of the opinion that the legislation is constitutional.

Therefore, since five…