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SCHOOL DIST. NO. 46 v. CITY OF BELLEVUE

No. 85-639.

400 N.W.2d 229 (1987)

224 Neb. 543

SCHOOL DISTRICT NO. 46, SARPY COUNTY, NEBRASKA, and David K. Kentsmith, Appellants, v. CITY OF BELLEVUE and Bellevue School District, Sarpy County, Nebraska, Appellees.

Supreme Court of Nebraska.

January 23, 1987.

Attorney(s) appearing for the Case

L. Bruce Wright and Kathleen A. Jaudzemis, of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellants.

John E. Rice, Bellevue City Atty., for appellee City of Bellevue.

Dixon G. Adams, Bellevue, for appellee Bellevue School Dist.

KRIVOSHA, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and GRANT, JJ., and CHEUVRONT, District Judge.

KRIVOSHA, Chief Justice.

The question presented by this appeal is whether the provisions of Neb.Rev.Stat. § 79-801(4) (Cum.Supp.1984) are unconstitutional for any of the various reasons alleged by the appellants, school district No. 46 of Sarpy County and David K. Kentsmith. The district court for Sarpy County, Nebraska, found, in effect, that § 79-801(4) did not violate either the U.S. Constitution or the Constitution of the State of Nebraska by sustaining...

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