Legal Opinion · Dissent

Jewel Tea Co. v. City of Geneva

Nebraska Supreme Court

Decided March 29, 1940No. 30755Published

1DissentMessmore, J.

The city of Geneva is a city of the second class, as defined by the law of Nebraska. Section 17-454, Comp. St. 1929, which outlines the powers of municipalities of the class to which the city of Geneva belongs, provides: “To regulate, *782prevent, restrain or remove nuisances in residential parts of municipalities and to designate what shall be considered a nuisance.” Obviously, the foregoing language, which does not admit of equivocation, is a legislative power granted to the city.

In the case of Richardson v. Braham, 125 Neb. 142, 249 N. W. 557, this court said: “Power to act and reasonableness…

2Cases cited6 opinions

  1. Commonwealth v. GardnerSchuylkill County Court of Quarter Sessions · 1890
  2. Town of Green River v. BungerWyoming Supreme Court · 1936
  3. City of Shreveport v. CunninghamSupreme Court of Louisiana · 1938
  4. State ex rel. Krittenbrink v. WithnellNebraska Supreme Court · 1912
  5. Hawkins v. City of Red CloudNebraska Supreme Court · 1932

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