NESCT dismisses appeal against School District merger

Nicholson v. Red Willow Sch. Dist. No. 0170, 270 Neb. 140 Filed July 15, 2005. No. S-03-1296.The Plaintiff challenged the constitutionality( VIII, § 4) of bond issues that 2 mergin School Districts passed as part of their reorganization and also enabling legislation § 79-422(1). Successful reorganization of the 2 Red Willow County School Districts would result in an additional $7million dollars of bond debt for the combined district, with property owners in the Plaintiff's existing district shouldering a far greater debt burden The trial court dismissed the action and the plaintiff appealed. The Supreme Court dodges the Plaintiff's constitutional questions and holds the Plaintiff should have appealed the decision of the county superintendant to contest the merger, overruling Kosmicki v. Kowalski, 184 Neb. 639, 642-43, 171 N.W.2d 172, 174 (1969) which had approved of proceedings to collaterally attack a merger decision. An action for declaratory judgment does not lie where another equally serviceable remedy is available. Galyen v. Balka, 253 Neb. 270, 570 N.W.2d 519 (1997).