Rozanek v. City of Fremont

The plaintiffs are residents and owners of real estate along the east side of Nye Avenue in the City of Fremont, Nebraska. On June 29, 1976, the city council adopted a resolution providing that sidewalks should be constructed along Nye Avenue where sidewalks had not been constructed or were not in good repair. This action was brought to declare the resolution void and enjoin the City from enforcing the resolution against the plaintiffs.

The trial court found that the resolution was void because it did not contain a finding that sidewalk construction was necessary as required by section 26-18…