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• Title: Mathew E. Pelzer v. City Bellevue Et Al.
• Author : Supreme Court of Nebraska
• Release Date : January 16, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This case involves the validity of a redistricting ordinance passed by the city council of Bellevue, Nebraska. The ordinance,
No. 1150 as amended by ordinance No. 1165, changed the boundaries of the city's four voting districts, or wards, from what
previously existed. The plaintiff, a citizen, voter, and taxpayer of the City of Bellevue challenged the validity of the redistricting
by filing suit on December 3, 1975. The plaintiff contended that the redistricting ordinance violated the equal protection
clause of the Fourteenth Amendment and that the city failed to comply with the provisions of section 5-108, R. R. S. 1943.
The plaintiff also alleged gerrymandering, but this contention has been dropped on appeal. The plaintiff sought to enjoin
the defendants, the City of Bellevue, its mayor, members of the city council, and the Sarpy County election commissioner,
from conducting any municipal elections under the redistricting ordinance. Trial was held on February 26, 1976. At the close of the plaintiff's evidence, the defendants moved to have the plaintiff's
petition dismissed. In granting the defendants' motion and dismissing the plaintiff's petition, the District Court held as
follows: That the constitutional requirement of one man, one vote required substantially equal population in political districts;
that while section 5-108, R. R. S. 1943, requires the use of the most recent federal census to determine the apportionment
of population, it is not the sole and only criteria which may be used; that the provision in section 5-108, R. R. S. 1943,
"as determined by the most recent federal census" is directional and not mandatory, and other factors may be used to show
population and population distribution; and that if the above-quoted language were mandatory, section 5-108, R. R. S. 1943,
would be unconstitutional as in violation of the one man, one vote principle. The District Court also found: That plaintiff's
evidence failed to show that the districts were so unequal in population as to be a violation of one man, one vote; and that
plaintiff's evidence was not sufficient to overcome the presumption that the defendants acted in good faith in the apportionment
of political districts in Bellevue. The plaintiff moved for a new trial, his motion was denied, and he now appeals. We reverse
the judgment of the District Court and remand the cause for further proceedings in accordance with this opinion.

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