Hayes v. Applegarth

2 Citing cases

  1. Metro. Omaha Prop. Owners Ass'n v. City of Omaha

    991 F.3d 880 (8th Cir. 2021)   Cited 17 times
    Noting that an ordinance appeal procedure "acts as a check on wrongful decisions or orders"

    The Nebraska Supreme Court presumes that the enacting body intended a sensible result; "an appellate court will, if possible, try to avoid a construction which would lead to absurd, unconscionable, or unjust results." Hayes v. Applegarth , 10 Neb.App. 351, 631 N.W.2d 547, 549 (2001) (citation omitted). Given the choice "between two reasonable constructions," this court "will generally avoid a construction that raises grave and doubtful constitutional questions."

  2. Opinion No. 03021

    03021 (Ops.Neb.Atty.Gen. Jul. 30, 2003)

    Further, "[i]n construing a statute, it is presumed that the legislature intended a sensible, rather than an absurd result. . . ." Hayes v. Applegarth, 10 Neb. App. 351, 354, 631 N.W.2d 547, 549 (2001). The Nebraska Constitution provides that "[e]ach member of the Legislature shall receive a salary of not to exceed one thousand dollars per month during the term of his or her office."