home rule in Nebraska

1959In Nagle v. City of Grand Island, 144 Neb. 67 , 12 N. W. 2d 540 , we held that the procedure in condemnation is a matter of state-wide concern: “When the legislature has enacted a law affecting municipal affairs, but which are also of state-wide concern, such law takes precedence over any provisions in a home rule charter and the provisions of the charter must yield. * * * Eminent domain is the right or power to take private property for a public use.

1959In Nagle v. City of Grand Island, 144 Neb. 67 , 12 N. W. 2d 540 , we held that the procedure in condemnation is a matter of state-wide concern: “When the legislature has enacted a law affecting municipal affairs, but which are also of state-wide concern, such law takes precedence over any provisions in a home rule charter and the provisions of the charter must yield. * * * Eminent domain is the right or power to take private property for a public use.

1937In Consumers Coal Co. v. City of Lincoln, 109 Neb. 51 , 189 N. W. 643 , opinion by Redick, district judge, referring to home rule charters, the second point of the syllabus says: “The purpose of the constitutional provision (as to home rule charters) is to render cities independent of state legislation as to all subjects which are of strictly municipal concern; therefore, as to such matters general laws applicable to cities yield to the charter.” In Carlberg v. Metcalfe, 120 Neb. 481 , 234 N. W. 87 , Judge Day reviews briefly some of the home rule charter cases from our state and cites cases f

1937In Consumers Coal Co. v. City of Lincoln, 109 Neb. 51 , 189 N. W. 643 , opinion by Redick, district judge, referring to home rule charters, the second point of the syllabus says: “The purpose of the constitutional provision (as to home rule charters) is to render cities independent of state legislation as to all subjects which are of strictly municipal concern; therefore, as to such matters general laws applicable to cities yield to the charter.” In Carlberg v. Metcalfe, 120 Neb. 481 , 234 N. W. 87 , Judge Day reviews briefly some of the home rule charter cases from our state and cites cases f

1982Fischer v. City of Lincoln, 137 Neb. 97 , 288 N.W. 499 (1939), wherein we noted that “In adopting a home rule charter, however, the city had the right to make provision therein for any form of local govern ment it desired, which was not in conflict with the letter and spirit of our Constitution.

1982Fischer v. City of Lincoln, 137 Neb. 97 , 288 N.W. 499 (1939), wherein we noted that “In adopting a home rule charter, however, the city had the right to make provision therein for any form of local govern ment it desired, which was not in conflict with the letter and spirit of our Constitution.

1959The power to act in each instance is constitutional but the action taken under the power is legislative.” Niklaus v. Miller, 159 Neb. 301 , 66 N. W. 2d 824 , speaking of a home rule charter, said: “As to all subjects of strictly local municipal concern such charter cities operate free and independent of state legislation.” Sandell v. City of Omaha, 115 Neb. 861 , 215 N. W. 135 , states: “The trend of judicial pronouncement appears to sanction an enlargement of the powers of the municipality for self-government, within constitutional limits, rather than a curtailment of such powers.

1959The power to act in each instance is constitutional but the action taken under the power is legislative.” Niklaus v. Miller, 159 Neb. 301 , 66 N. W. 2d 824 , speaking of a home rule charter, said: “As to all subjects of strictly local municipal concern such charter cities operate free and independent of state legislation.” Sandell v. City of Omaha, 115 Neb. 861 , 215 N. W. 135 , states: “The trend of judicial pronouncement appears to sanction an enlargement of the powers of the municipality for self-government, within constitutional limits, rather than a curtailment of such powers.

1954Consumers Coal Co. v. City of Lincoln, 109 Neb. 51 ; Sandell v. City of Omaha, 115 Neb. 861 ; State v. Johnson, 117 Neb. 301 ; Salsbury v. City of Lincoln, 117 Neb. 465 .” The same would be true here where the construction of a reservoir is involved.

1930Up to the present time this court has decided, in cases arising under a home rule charter adopted under the constitutional provision, that voting municipal bonds for an aviation field (State v. Johnson, 117 Neb. 301 ) and that improving the streets, alleys and highways within the corporate limits of a city (Salsbury v. City of Lincoln, 117 Neb. 465 ) are subjects of strictly municipal concern.

1954Consumers Coal Co. v. City of Lincoln, 109 Neb. 51 ; Sandell v. City of Omaha, 115 Neb. 861 ; State v. Johnson, 117 Neb. 301 ; Salsbury v. City of Lincoln, 117 Neb. 465 .” The same would be true here where the construction of a reservoir is involved.

1930Up to the present time this court has decided, in cases arising under a home rule charter adopted under the constitutional provision, that voting municipal bonds for an aviation field (State v. Johnson, 117 Neb. 301 ) and that improving the streets, alleys and highways within the corporate limits of a city (Salsbury v. City of Lincoln, 117 Neb. 465 ) are subjects of strictly municipal concern.

2026Under this principle, a provision of a home rule charter takes precedence over a conflicting state statute in instances of local municipal concern. 10 But when the Legislature enacts a law affecting municipal affairs that is of statewide concern, the state law takes precedence over any municipal action taken under the home rule charter. 11 Stated differently, as to all subjects of strictly local municipal concern in a home rule charter, the city operates free and independent of state legislation. 12 There is no sure test for distinguishing between matters of strictly municipal concern and thos

2026Under this principle, a provision of a home rule charter takes precedence over a conflicting state statute in instances of local municipal concern. 10 But when the Legislature enacts a law affecting municipal affairs that is of statewide concern, the state law takes precedence over any municipal action taken under the home rule charter. 11 Stated differently, as to all subjects of strictly local municipal concern in a home rule charter, the city operates free and independent of state legislation. 12 There is no sure test for distinguishing between matters of strictly municipal concern and thos

2016In the case of a child less than six months - 533 - Decisions of the Nebraska Court of A ppeals 23 Nebraska A ppellate R eports SHANDERA v. SCHULTZ Cite as 23 Neb.

2016In the case of a child less than six months - 533 - Decisions of the Nebraska Court of A ppeals 23 Nebraska A ppellate R eports SHANDERA v. SCHULTZ Cite as 23 Neb.

1956Upon the adoption of its charter the legislative act of 1921 “lost its qualities as a statutory charter or law imposed by the sovereign power of the state, and in lieu thereof, by virtue of an explicit constitutional grant, its terms then existing became a home rule charter created and to be thereafter continued in force at the will of the grantee municipality lawfully expressed, every section of which was expressly made subject to its own lawful amendments.” Munch v. Tusa, 140 Neb. 457 , 300 N. W. 385 .

1956Upon the adoption of its charter the legislative act of 1921 “lost its qualities as a statutory charter or law imposed by the sovereign power of the state, and in lieu thereof, by virtue of an explicit constitutional grant, its terms then existing became a home rule charter created and to be thereafter continued in force at the will of the grantee municipality lawfully expressed, every section of which was expressly made subject to its own lawful amendments.” Munch v. Tusa, 140 Neb. 457 , 300 N. W. 385 .

2026Under this principle, a provision of a home rule charter takes precedence over a conflicting state statute in instances of local municipal concern. 10 But when the Legislature enacts a law affecting municipal affairs that is of statewide concern, the state law takes precedence over any municipal action taken under the home rule charter. 11 Stated differently, as to all subjects of strictly local municipal concern in a home rule charter, the city operates free and independent of state legislation. 12 There is no sure test for distinguishing between matters of strictly municipal concern and thos

2026Under this principle, a provision of a home rule charter takes precedence over a conflicting state statute in instances of local municipal concern. 10 But when the Legislature enacts a law affecting municipal affairs that is of statewide concern, the state law takes precedence over any municipal action taken under the home rule charter. 11 Stated differently, as to all subjects of strictly local municipal concern in a home rule charter, the city operates free and independent of state legislation. 12 There is no sure test for distinguishing between matters of strictly municipal concern and thos

2026Under this principle, a provision of a home rule charter takes precedence over a conflicting state statute in instances of local municipal concern. 10 But when the Legislature enacts a law affecting municipal affairs that is of statewide concern, the state law takes precedence over any municipal action taken under the home rule charter. 11 Stated differently, as to all subjects of strictly local municipal concern in a home rule charter, the city operates free and independent of state legislation. 12 There is no sure test for distinguishing between matters of strictly municipal concern and thos

2026Under this principle, a provision of a home rule charter takes precedence over a conflicting state statute in instances of local municipal concern. 10 But when the Legislature enacts a law affecting municipal affairs that is of statewide concern, the state law takes precedence over any municipal action taken under the home rule charter. 11 Stated differently, as to all subjects of strictly local municipal concern in a home rule charter, the city operates free and independent of state legislation. 12 There is no sure test for distinguishing between matters of strictly municipal concern and thos

2026Under this principle, a provision of a home rule charter takes precedence over a conflicting state statute in instances of local municipal concern. 10 But when the Legislature enacts a law affecting municipal affairs that is of statewide concern, the state law takes precedence over any municipal action taken under the home rule charter. 11 Stated differently, as to all subjects of strictly local municipal concern in a home rule charter, the city operates free and independent of state legislation. 12 There is no sure test for distinguishing between matters of strictly municipal concern and thos

2026Under this principle, a provision of a home rule charter takes precedence over a conflicting state statute in instances of local municipal concern. 10 But when the Legislature enacts a law affecting municipal affairs that is of statewide concern, the state law takes precedence over any municipal action taken under the home rule charter. 11 Stated differently, as to all subjects of strictly local municipal concern in a home rule charter, the city operates free and independent of state legislation. 12 There is no sure test for distinguishing between matters of strictly municipal concern and thos

2020DeLima v. Tsevi, 301 Neb. 933 , 921 N.W.2d 89 (2018).

2020DeLima v. Tsevi, 301 Neb. 933 , 921 N.W.2d 89 (2018).

2007Home Builders Association of Lincoln v. City of Lincoln, 271 Neb. 353 , 711 N.W.2d 871 (2006).

2007Home Builders Association of Lincoln v. City of Lincoln, 271 Neb. 353 , 711 N.W.2d 871 (2006).

2003Co. of Wis., 262 Neb. 879 , 636 N.W.2d 372 (2001). (b) Charter Authority of City of Lincoln LES also contends that the home rule charter of the city of Lincoln confers authority on LES to provide for-hire telecommunications services.

2003Co. of Wis., 262 Neb. 879 , 636 N.W.2d 372 (2001). (b) Charter Authority of City of Lincoln LES also contends that the home rule charter of the city of Lincoln confers authority on LES to provide for-hire telecommunications services.