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CITY OF FREMONT v. KOTAS

No. S-09-448.

781 N.W.2d 456 (2010)

279 Neb. 720

CITY OF FREMONT, Nebraska, appellant, v. Wanda KOTAS et al., appellees.

Supreme Court of Nebraska.

April 23, 2010.

Attorney(s) appearing for the Case

J.L. Spray and Stephen D. Mossman, Lincoln, of Mattson, Ricketts, Davies, Stewart & Calkins, and Dean Skokan, Fremont City Attorney, for appellant.

Kris W. Kobach, Immigration Reform Law Institute, University of Missouri-Kansas City School of Law, for appellees.

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

WRIGHT, J.

NATURE OF CASE

The defendants, Wanda Kotas, Jerry Hart, and John Wiegert, circulated a city initiative petition (Measure) which sought to enact an ordinance that would prohibit the harboring and hiring of illegal aliens in the City of Fremont. Fremont filed for declaratory relief on the grounds that the Measure was unconstitutional and violated the single subject rule.

The district court dismissed...

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