S-22-0164 Darling Ingredients, Inc., f/k/a Darling International, Inc., and Darling National, A Limited Liability Company (Appellant) v. City of Bellevue, Nebraska, A Nebraska, Municipal Corporation (Appellee)
Appeal from the District Court for Sarpy County District, Judge Nathan B. Cox
Attorneys: Michael S. Degan (Kutak Rock for Appellant) and Annie E. Mathews (City Attorney for the City of Bellevue, Appellee)
Civil: Municipal Corporations and Annexation
Proceedings Below: After remand from Darling Ingredients v. City of Bellevue., 309 Neb. 338, 960 N.W.2d 284 (2021), the trial court found that Appellant failed to meet the burden that Appellee acted for the sole motivation of an increase in tax revenue. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: On appeal, Appellants make the following assignments of error: 1) The District Court erred by not conducting further proceedings in compliance with the mandate of this Court; 2) The District Court erred by not conducting a new trial following remand; 3) The District Court erred by not allowing the introduction of additional evidence; 4) The District Court erred by determining that Appellant failed to meet its burden of proof; and 5) The District Court erred by finding that the annexation was not motivated by an improper purpose based on the evidence received at the prior trial.