Sommerfeld v. City of Seward, 221 Neb. 76

Summary

The Supreme Court of Nebraska held that a city council resolution suspending the issuance of private well permits could not amend, repeal, or suspend an existing municipal ordinance governing well permits. Because the ordinance remained in effect, the court affirmed the judgment requiring the City of Seward to issue the Sommerfelds a well permit upon compliance with the ordinance, without deciding the constitutional claims.

Holdings

1. Resolution No. 11-83 was not a valid amendment, repeal, or suspension of Ordinance No. 9-834. Because the ordinance remained in effect, the resolution did not bar issuance of a private-well permit under the ordinance.
2. The court did not need to decide whether Resolution No. 11-83 was unconstitutional because the appeal could be resolved on the nonconstitutional ground that the resolution was invalid as an attempted amendment, repeal, or suspension of the ordinance.
3. Summary judgment for the Sommerfelds was proper because the material facts were undisputed and the ordinance controlled the permit application as a matter of law.

Questions Presented

1. Whether the record supported summary judgment in favor of the Sommerfelds.
2. Whether a municipal resolution could validly amend, repeal, or suspend an existing ordinance governing private-well permits.
3. Whether the court needed to decide the constitutional challenges to the resolution.

Disposition

affirmed