FRANCIS v. CITY OF COLUMBUS

No. S-02-1003.

676 N.W.2d 346 (2004)

267 Neb. 553

S-harles V. and Dixie L. FRANCIS et al., Appellants, v. CITY OF COLUMBUS, Nebraska, a municipal corporation, and Board of Equalization of the City of Columbus, Nebraska, Appellees.

Supreme Court of Nebraska.

March 12, 2004.


Attorney(s) appearing for the Case

Lyle Joseph Koenig, of Koenig Law Firm, and William D. Sutter, Jr., of Stephens & Sutter, Lincoln, for appellants.

Dean Skokan, Fremont, for appellees.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


CONNOLLY, J.

The appellants own property in the City of Columbus, a city of the first class (City). After the City levied a special tax assessment for street improvements, the appellants filed a petition challenging the constitutionality of the special tax assessment. In their petition, the appellants sought relief under state law and 42 U.S.C. § 1983 (2000). The district court determined that state courts cannot entertain § 1983 claims challenging state...

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