Legal Opinion

Abernathy v. City of Omaha

Nebraska Supreme Court

Decided December 20, 1968No. 36978PublishedCited by 3 opinions

1Opinion of the CourtSpencer, J.

This action involves the collection of a 5-mill levy by a sanitary and improvement district on property annexed by the city of Omaha. The levy and resultant tax were found to be void and unenforceable as to plaintiffs.

Prior to July 1, 1965, Prairie Hills Addition, a subdivision in Douglas County, was wholly within the boundaries of Sanitary and Improvement District No. 43 of Douglas County, hereinafter referred to as district. On July 1, 1965, an annexation ordinance of the city of Omaha, hereinafter referred to as city, became effective for a portion of Prairie Hills Addition which included…

2Cases cited2 opinions

  1. Sanitary & Improvement District No. 75 v. City of RalstonNebraska Supreme Court · 1967
  2. Peters Trust Co. v. Douglas CountyNebraska Supreme Court · 1925

3Cited by3 opinions

  1. Sanitary & Improvement District 57 v. City of ElkhornNebraska Supreme Court · 1995
  2. Millard Rural Fire Protection District No. 1 v. City of OmahaNebraska Supreme Court · 1987
  3. VAKOC CONSTRUCTION CO. v. City of WayneNebraska Supreme Court · 1974

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