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City response to Supreme Court decision in viaduct case
The Nebraska Supreme Court previously heard oral arguments on May 3, 2024, regarding the Chief Petitioners request to hold an election on whether or not to reverse City Council’s decision to tear down the old 281 viaduct, which was completely demolished in October of 2022, and issued their opinion on the viaduct lawsuit on Friday, July 12. The Supreme court held that the issue initially presented no longer exists. Additionally, the Supreme Court determined that this case does not meet the minimum requirements to issue an advisory opinion and therefore did not do so.
The public interest exception to the mootness doctrine requires the consideration of (1) the public or private nature of the question presented, (2) the desirability of an authoritative adjudication for the guidance of public officials, and (3) the likelihood of recurrence of the same or a similar problem.?
According to the Nebraska Supreme Court’s opinion, “We recognize that the particular set of facts concerning initiative and referendum petitions are often greatly dissimilar. Additionally, the specific circumstances of this case create a difficult, if not troublesome, situation to provide an authoritative adjudication to guide public officials in the future. Likewise, we cannot conclude that the same or similar problems presented by this appeal are likely to recur. It follows that the public interest exception does not apply in this case.”
“After five years of dealing with legal battles caused by a small group of people in Hastings, I am pleased that our community can finally move forward,” Mayor Corey Stutte said. “I am also grateful for the hard work and dedication shown by our staff in upholding the integrity of the decisions made by the elected officials of the City of Hastings and the voters' decision in November 2020 to reject the rebuilding of the viaduct. I am glad that the voices of the people have been heard, and we can now focus on helping Hastings continue to grow.”
Published Date: 07/12/2024