LINDNER v. KINDIG

No. S-12-294.

826 N.W.2d 868 (2013)

285 Neb. 386

Klaus P. LINDNER, appellant, v. Douglas KINDIG, Mayor of the City of La Vista, et al., appellees.

Supreme Court of Nebraska.

March 1, 2013.


Attorney(s) appearing for the Case

K.C. Engdahl for appellant.

Gerald L. Friedrichsen and William M. Bradshaw , of Fitzgerald, Schorr, Barmettler & Brennan, P.C., L.L.O., Omaha, for appellees.

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


CASSEL, J.

INTRODUCTION

This appeal involves a declaratory judgment action challenging the constitutionality of a municipal ordinance creating an offstreet parking district adjoining a Cabela's store. The district court found that the action was barred by the general 4-year statute of limitations, because it was commenced more than 4 years after the ordinance was adopted. The primary question presented is when the statute began to run. Because we cannot...

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