HOOVER v. CARPENTER

No. 38305.

197 N.W.2d 11 (1972)

188 Neb. 405

Lloyd HOOVER, and in behalf of all other persons similarly situated, Appellant, v. John CARPENTER et al., Appellees.

Supreme Court of Nebraska.

May 5, 1972.


Attorney(s) appearing for the Case

E. Merle McDermott, Grand Island, for appellant.

Duane A. Burns, Grand Island, Young, Baird, Holm, McEachen, Pedersen, Hamann & Haggart, Omaha, for appellees.

Stewart, Calkins, Duxbury & Crawford, Lincoln, for amicus curiae.

Heard before SPENCER, SMITH, and NEWTON, JJ., and CHADDERDON and C. THOMAS WHITE, District Judges.


SMITH, Justice.

The broad question is whether a municipal ordinance that established rates for electric energy supplied by a plant owned by the city is subject to referendum. Although the district court dismissed a petition to uphold the right of referendum by a declaratory judgment, it found the referendum inapplicable. Plaintiff appeals.

The City of Grand Island, a city of the first class, operates under the city manager form of government. It has adopted...

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