Vrana Paving Co. v. City of Omaha

The appellee, Vrana Paving Company, instituted this action in the district court for Douglas County, Nebraska, pursuant to the provisions of the Nebraska Uniform Declaratory Judgments Act, Neb. Rev. Stat. §§ 25-21,149 et seq. (Reissue 1979). By its petition Vrana sought a declaration that chapter 55 of the Omaha Municipal Code was unconstitutional and void if applied to prohibit it from operating a portable concrete mixing plant used in its street paving projects. Additionally, Vrana sought an injunction against the city from enforcing the provisions of chapter 55 against it.

Following trial,…