All cities in this state which have attained a population of four hundred thousand inhabitants or more as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census shall be cities of the metropolitan class and governed by sections 14-101 to 14-2004. The population of a city of the metropolitan class shall consist of the people residing within the territorial boundaries of such city and the residents of any territory duly and properly annexed to such city. Each city of the metropolitan class shall be a body corporate and politic and shall have power (1) to sue and be sued, (2) to purchase, lease, lease with option to buy, acquire by gift or devise, and hold real and personal property within or without the limits of the city for the use of the city, and real estate sold for taxes, (3) to sell, exchange, lease, and convey any real or personal property owned by the city, in such manner and upon such terms as may be in the best interests of the city, except that real estate acquired for state armory sites shall be conveyed strictly in the manner provided in sections 18-1001 to 18-1006, (4) to make all contracts and do all other acts in relation to the property and concerns of the city necessary for the exercise of its corporate or administrative powers, and (5) to exercise such other and further powers as may be conferred by law. The powers granted under this section shall be exercised by the mayor and city council of such city except when otherwise specifically provided.
Notes of Decisions
Cited in
23
cases (
2 in the last 5 years), 1948–2025 · leading case:
Holloway v. State, 875 N.W.2d 435 (Neb. 2016).
Holloway v. State, 875 N.W.2d 435 (Neb. 2016).
· cites it 2× “STATE Cite as 293 Neb. 12 the conduct of a third person as to prevent him from caus- ing physical harm to another unless ‘a special relation exists between the actor and the third person which imposes a duty upon the actor to control the third person’s conduct.”
Glasson v. Bd. of Equal. of City of Omaha, 302 Neb. 869 (Neb. 2019).
· cites it 2× “6 Therefore, based on a plain reading of the statute, unless, as contemplated by Neb. Rev. Stat. § 14-101 (Cum. Supp. 2018) the Legislature or a city of the metropolitan class alters the procedure for a claimant or appellant to challenge a decision regarding an assessment, the…”
Prof'l Firefighters of Omaha, Local 385 v. City of Omaha, 498 N.W.2d 325 (Neb. 1993).
· cites it 6× “Neb.Rev.Stat. § 14-101 (Reissue 1991). In addition to these general powers, metropolitan-class cities have the authority [t]o make and enforce all police regulations for the good government, general welfare, health, safety, and security of the city and the citizens thereof in…”
Abboud v. Lakeview, Inc., 466 N.W.2d 442 (Neb. 1991).
· cites it 3× “A metropolitan-class city is empowered (1) to sue and be sued, (2) to purchase, lease, lease with option to buy, acquire by gift or devise, and hold real and personal property within or without the limits of the city for the use of the city, and real estate sold for taxes, (3)…”
Parsons v. McCann, 138 F. Supp. 3d 1086 (D. Neb. 2015).
· cites it 2× “2004) (city police department is agency of city and has no separate legal status under Nebraska law); Williams v.”
Harrington v. Strong, 363 F. Supp. 3d 984 (D. Neb. 2019).
· cites it 2× “See Neb. Rev. Stat. § 14-101 (providing that a city of the metropolitan class's power to contract "shall be exercised by the mayor and city council of such city except when otherwise specially provided"); Omaha, NE Municipal Code § 2-121 et seq.”
Jacobberger v. Terry, 320 N.W.2d 903 (Neb. 1982).
· cites it 4× “1980) permits a city of 2,000 population or over to adopt a commission form of government and expressly requires such cities to elect their city councils "not by or from wards or districts, but at large.”
Hroch v. City of Omaha, 413 N.W.2d 287 (Neb. 1987).
· cites it 2× “In addition to the powers granted in section 14-101, metropolitan cities, as therein defined, shall have power by ordinance: (32) To prescribe fire limits and regulate the erection of all buildings and other structures within the corporate limits; to provide for the removal of…”
State v. Belitz, 278 N.W.2d 769 (Neb. 1979).
· cites it 3× “See § 14-101 and 14-102, R. R. S. 1943. Section 14-102, R.”
Thompson v. City of Omaha, 455 N.W.2d 538 (Neb. 1990).
· cites it 2× “At the time of the filing of the petition, Omaha was a city of the “metropolitan” class as defined by Neb. Rev. Stat. § 14-101 (Reissue 1987). As such, Omaha had the power “to sue and be sued” and “to make all contracts and do all other acts in relation to the property and…”
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