(1) Whenever the right of appeal is conferred by sections 14-101 to 14-2004, the procedure, unless otherwise provided, shall be substantially as provided in this section.
(2) The claimant or appellant shall, within twenty days after the date of the order complained of, execute a bond to the city of the metropolitan class with sufficient surety to be approved by the city clerk, conditioned for the faithful prosecution of such appeal, and the payment of all costs adjudged against the appellant. Such bond shall be filed in the office of the city clerk.
(3) Upon the request of the appellant and the payment by the appellant to the city clerk or his or her designee of the estimated cost of preparation of the transcript, the city clerk shall cause a complete transcript of the proceedings of the city relating to its decision to be prepared. The cost of preparing the transcript shall be calculated in the same manner as the calculation of the fee for a court reporter for the preparation of a bill of exceptions as specified by rules of practice prescribed by the Supreme Court. At such time as the completed transcript is presented to the appellant, the appellant shall pay the amount of the cost of preparation in excess of the estimated amount already paid or shall receive a refund of any amount in excess of the actual cost.
(4)(a) An appellant determined to be indigent shall not be required to pay a bond or any costs associated with such transcript preparation.
(b) For purposes of this section, indigent means the inability to financially pursue the appeal without prejudicing the appellant's ability to provide economic necessities for the appellant or the appellant's family. Indigency shall be determined by the court having jurisdiction over the appeal upon motion of the appellant. The court shall make a reasonable inquiry to determine the appellant's financial condition and shall consider such factors as the appellant's income, the availability to the appellant of other resources, including real and personal property, bank accounts, social security benefits, and unemployment or other benefits, the appellant's normal living expenses, the appellant's outstanding debts, the number and age of the appellant's dependents, and other relevant circumstances.
(5) It shall be the duty of the claimant or appellant to file a petition in the district court as in the commencement of an action within thirty days after the date of the order or award appealed from, and he or she shall also file such transcript before answer day. The proceedings of the district court shall thereafter be the same as on appeal from the county board.
(6) Any taxpayer may appeal from the allowance of any claim against the city by giving a bond and complying with this section.
(7) This section shall not be so construed as to prevent the city council from once reconsidering its action on any claim or award upon ten days' notice to the interested parties.
Notes of Decisions
Glasson v. Bd. of Equal. of City of Omaha, 302 Neb. 869 (Neb. 2019).
· cites it 19× “BACKGROUND On December 5, 2017, the city council for the City of Omaha sat as a board of equalization pursuant to § 14-547 to hear and determine complaints, to equalize assessments, and to correct special assessments as the law authorizes.”
Hawkins v. City of Omaha, 627 N.W.2d 118 (Neb. 2001).
· cites it 9× “*946 When a claim submitted to the comptroller under § 14-804 is denied by the city council, the party whose claim was denied may appeal to the district court as provided by Neb. Rev. Stat. § 14-813 (Reissue 1997). § 14-804.”
McNally v. City of Omaha, 731 N.W.2d 573 (Neb. 2007).
· cites it 5× “The history of this case presents some confusion as to whether the appeal from the Board was brought pursuant to Neb. Rev. Stat. § 14-813 (Reissue 1997), Neb.”
Jackson v. Bd. of Equalization, 630 N.W.2d 680 (Neb. Ct. App. 2001).
· cites it 5× “” According to Neb. Rev. Stat. § 14-813 (Reissue 1997), “The proceedings of the district court shall thereafter be the same as on appeal from the county board.”
Rauscher v. City of Lincoln, 691 N.W.2d 844 (Neb. 2005).
· cites it 2× “At the outset, we note that in his prayer for relief in the petition, Rauscher sought attorney fees against the City under the Nebraska Wage Payment and Collection Act.”
Thompson v. City of Omaha, 455 N.W.2d 538 (Neb. 1990).
· cites it 6× “The city answered and, among other denials and affirmative allegations, affirmatively alleged that the district court had “no jurisdiction to make an award for any amounts allegedly due and owing beyond the eighteen month period contained in Section 14-806,” that the “Plaintiffs…”
Schmitt v. City of Omaha, 217 N.W.2d 86 (Neb. 1974).
· cites it 8× “When his claim under the amended ordinance was rejected by the city council on February 13, 1968, plaintiff processed an appeal to the District Court under section 14-813, R. R. S. 1943. Defendant answered, pleaded res judicata, and subsequently moved to dismiss for lack of…”
Bolan v. Boyle, 387 N.W.2d 690 (Neb. 1986).
· cites it 2× “When the claim of any person against the city is disallowed, in whole or in part, by the city council, such person may appeal from the decision of said city council to the district court of the same county, as provided in section 14-813. The City is one of the metropolitan class…”
Slosburg v. City of Omaha, 165 N.W.2d 90 (Neb. 1969).
· cites it 2× “050, Omaha Municipal Code, it is provided that any person aggrieved by any decision or determination of the Administrative Appeals Board may appeal to the district court for Douglas County by complying with section 14-813, R. R. S. 1943. There is no provision for a rehearing or…”
Ballantyne Co. v. City of Omaha, 113 N.W.2d 486 (Neb. 1962).
· cites it 2× “Section 14-813, R. R. S. 1943, provides in part: “Whenever the right of appeal is conferred by this act, the procedure, unless otherwise provided shall be substantially as follows: The claimant or appellant shall, within twenty days from the date of the order complained of,…”
Adams v. City of Omaha, 139 N.W.2d 885 (Neb. 1966).
· cites it 10× “On July 16, 1964, the plaintiff filed a transcript of condemnation proceedings.”
Papke v. City of Omaha, 41 N.W.2d 751 (Neb. 1950).
· cites it 2× “Section 14-813, R. S. 1943, a section pertinent to the city charter, provides that condemnees may appeal to the district court in the event there is dissatisfaction with the award of the appraisers, and outlines the procedure to perfect appeal.”
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