State Ex Rel. Boyer v. Grady

I respectfully dissent. The effect of the majority opinion is to permit repeal of any existing ordinance by the initiative process rather than by referendum alone. It thus abolishes in many respects the distinctions between initiative and referendum. This has grave consequences which I do not believe the court has taken into consideration.

The fundamental distinction between initiative and referendum goes far beyond the 30-day limitation on referendum, § 18-112, R. R. S. 1943, and postponement of the effective date of the ordinance enacted by the governing body, § 18-116, R. R. S. 1943. If the…