Darling Ingredients Inc., formerly known as Darling International Inc., and Darling National LLC v. City of Bellevue

Summary

The Nebraska Supreme Court affirmed the Sarpy County District Court’s judgment upholding Bellevue’s annexation of Area #9 against Darling Ingredients’ challenge. The court held that the district court properly exercised discretion on remand by deciding the improper-purpose issue based on the existing trial record, without reopening pleadings, discovery, or evidence. It further held that Darling failed to prove the annexation was motivated solely by the purpose of increasing tax revenue.

Holdings

1. When an appellate mandate gives specific instructions, the lower court must follow them; when the mandate is general, the lower court has discretion to determine the further proceedings required by the nature of the case. Because the prior mandate required only consideration of the improper-purpose claim and did not require a new trial or additional evidence, the district court acted within its discretion by deciding the claim on the existing record.
2. An annexation is improper if it is solely motivated by an increase in tax revenue, but a municipality may consider potential revenues along with other legitimate annexation factors. The party attacking an ordinance that is valid on its face and enacted under lawful authority bears the burden of proving its invalidity.

Questions Presented

1. Whether the district court properly complied with the Nebraska Supreme Court's mandate by deciding the improper-purpose claim on the existing trial record without reopening pleadings, discovery, or evidence.
2. Whether Darling proved that Bellevue's annexation of Area #9 was enacted solely for the improper purpose of increasing tax revenue.

Disposition

affirmed