Nebraska Supreme Court to hear appeal of Fremont municipal illegal immigration petition drive. What are the chances the Nelson court will kick this can down the road and off a cliff? Nebraska Judicial Branch Case Summaries Thursday January 7, 2010 subject to call at 900AM. S-09-0448, City of Fremont (Appellant) v. Wanda Kotas, Jerry Hart and John Weigert Dodge County, Judge John E. Samson Attorneys: J.L. Spray, Stephen D. Mossman (Mattson Ricketts Davies Stewart & Calkins) and Dean Skokan (Fremont City Attorney) (Appellant) --- Kris W. Kobach (Immigration Reform Law Institute, University of Missouri—Kansas City School of Law) Civil: Declaratory Judgment Action; City Initiative Petition Proceedings below: The district court determined it lacked subject matter jurisdiction over the issues raised in the First Cause of Action in the City’s Amended Complaint; granted the Petitioners’ Motion to Dismiss the First Cause of Action and granted summary judgment on the Second Cause of Action in the City ‘s Amended Complaint. The City filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court. Issues: The district court erred in (1) finding it lacked subject matter jurisdiction over the issues raised in the First Cause of Action in the City’s Amended Complaint; (2) failing to find that Neb. Rev. Stat. § 18-2538 provided the necessary statutory framework to determine the issues raised in the First Cause of Action in the City’s Amended Complaint; (3) granting Petitioners’ motion to dismiss the First Cause of Action in the City’s Amended Complaint; (4) failing to find the City Initiative Petition circulated and filed by Petitioners contained multiple subjects; (5) failing to find the City Initiative Petition was invalid for violating the “single subject rule”; (6) granting summary judgment on the Second Cause of Action in the City’s Amended Complaint.