High Court Denies Elkhorn’s Request; Annexation Imminent
POSTED: 4:05 pm CST February 22, 2007
UPDATED: 5:32 pm CST February 22, 2007
OMAHA, Neb. — The U.S. Supreme Court has denied Elkhorn’s request for a stay regarding the city’s efforts to fight annexation by Omaha.
The ruling, issued by Justice Samuel Alito, effectively ends Elkhorn’s efforts to maintain its boundaries as an entity separate from Omaha, according to a news release from Elkhorn.
Omaha Mayor Mike Fahey released a statement. In it he said: He’s “always been confident” the annexation would succeed. The mayor said, “We have been preparing to provide a smooth transition”
Fahey said the citizens of the annexed areas will receive the same high quality services currently delivered to people in Omaha.
Elkhorn city officials said they fought a good fight, but will not continue it. The news release from Elkhorn says that while city residents may continue efforts to fight annexation, the city will not participate.
Elkhorn Mayor Phillip Klein said he’s disappointed.
“This never was a fight between the city of Elkhorn and the people of Omaha, this was a fight about services. I think a citizen of Omaha should expect to get snow plowed in a timely fashion … (This is one) of the things we’re losing. I’m very saddened by it. The end of an era,” Klein said.
The Nebraska Supreme Court will make a ruling about when Omaha can move forward with annexation. Omaha will annex Elkhorn and several area subdivisions by the end of next week, when a Nebraska Supreme Court ruling is filed in Douglas County.
The state Supreme Court last week denied a request by Elkhorn officials to again hear its challenge to Omaha’s annexation. The high court rejected the city’s bid to remain independent last month. Elkhorn appealed the ruling, but the high court said Wednesday it would not rehear the case.
Elkhorn officials have said that because its residents were not allowed to vote on the annexation, their federal constitutional rights were violated.
But Omaha attorneys contend state law allows cities of Omaha’s size to annex a town without the town’s permission.
A committee of Nebraska lawmakers advanced a proposal Tuesday to increase the size of the Omaha City Council to nine members. The full Legislature will consider LB 405. The proposal by Elkhorn Sen. Dwite Petersen redraws existing Omaha City Council districts and adds two representatives to the board. The bill is designed to address concerns about proper representation if Omaha annexes Elkhorn and several unincorporated subdivisions.
If LB 405 passes, the size of the Omaha City Council would be increased in 2009.
Omaha said it is ready to extend its city services to Elkhorn as soon as a court sets the date.