Lindner v. Kindig

Lindner sued the City of La Vista, challenging ordinance No. 979, creating an off-street parking district adjoining a Cabela’s store, as unconstitutional. The district court found that the action was time barred and dismissed. The Nebraska Supreme Court reversed, stating that is was not apparent from the face of Lindner’s complaint when Lindner’s cause of action accrued. On remand, the court accepted evidence and determined that the four-year catchall limitations period, Neb. Rev. Stat. 25-212, applied and that Lindner’s action accrued more than four years before he filed suit. The court identified the dates when the city opted to pay for the cost of off-street parking through general revenues and sales tax revenues, enacted ordinance No. 983 authorizing the issuance of bonds, issued the bonds, and first paid on. Each of these events occurred greater than four years before Lindner filed his complaint. The Nebraska Supreme Court affirmed. The district court correctly identified the three undisputed dates when the city chose the funding mechanism to be used and implemented that decision. Even if using the latest event, October 16, 2006, as the date upon which - Lindner’s claim accrued, Lindner’s December 16, 2011, complaint was filed more than four years after the action accrued. View "Lindner v. Kindig" on Justia Law