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City of Beatrice v. Meints

Court of Appeals of Nebraska

May 14, 2013

City of Beatrice, State of Nebraska, appellee,
v.
Daniel A. Meints, appellant.

Appeal from the District Court for Gage County, Daniel E. Bryan, Jr., Judge, on appeal thereto from the County Court for Gage County, Steven B. Timm, Judge. Judgment of District Court affirmed.

Terry K. Barber, of Barber & Barber, P.C., L.L.O., for appellant.

Gregory A. Butcher, Beatrice City Attorney, for appellee.

Sievers, Pirtle, and Riedmann, Judges.

1. Ordinances: Judicial Notice: Appeal and Error. An appellate court will not take judicial notice of an ordinance not in the record but assumes that a valid ordinance creating the offense charged exists, that the evidence sustains the findings of the trial court, and that the sentence is within the limits set by the ordinance.

2. Rules of the Supreme Court: Records: Appeal and Error. Neb. Ct. R. App. P. § 2-104(C) allows any party to file a supplemental transcript prior to the day the case is submitted to the court.

3. Ordinances: Records: Appeal and Error. An appellant satisfies his responsibility of including an ordinance in the record by requesting that a copy of the ordinance be included in the transcript prepared by the clerk of the county court.

4. Constitutional Law: Ordinances: Appeal and Error. The constitutionality of an ordinance presents a question of law, in which an appellate court is obligated to reach a conclusion independent of the decision reached by the court below.

5. Criminal Law: Convictions: Evidence: Appeal and Error. A conviction is supported by sufficient evidence if a rational trier of fact could have found the essential elements of the crime based on the evidence, viewed in the light most favorable to the prosecution.

6. Judgments: Appeal and Error. An appellate court will not disturb the factual findings of the trial court unless they are clearly wrong.

7. __: __. When reviewing a question of law, an appellate court must reach a conclusion independently of the trial court.

8. Municipal Corporations: Statutes: Appeal and Error. Because a municipal code is a legislative enactment, an appellate court analyzes it using the rules of statutory analysis.

9. Statutes: Appeal and Error. The rules of statutory analysis require an appellate court to interpret statutory language according to its plain and ordinary meaning.

10. Statutes. So far as practicable, a court must give effect to the entire language of a statute, reconciling different provisions so that they are consistent, harmonious, and sensible.

11. Statutes: Appeal and Error. An appellate court attempts to give effect to all parts of a statute and avoid rejecting as superfluous or meaningless any word, clause, or sentence.

12. Constitutional Law: Equal Protection: Statutes: Presumptions: Proof. An appellate court presumes that a statute challenged under the Equal Protection Clause is valid, and the burden of establishing the unconstitutionality of the statute is on the one attacking its validity.

[20 Neb.App. 777] 13. Equal Protection. The Equal Protection Clause does not forbid states from classifying people, but it keeps governmental decisionmakers from treating differently persons who are in all relevant aspects alike.

14. __. In equal protection challenges, the court applies different levels of judicial scrutiny to different classifications.

15. __. The court applies a rational basis level of scrutiny to a classification when no fundamental right or suspect classification is involved.

16. __. A state has broad discretion to classify if the classification has a reasonable basis, for example in the areas of economics and social welfare.

17. __. If a rational basis level of scrutiny is appropriate, because a classification does not affect fundamental rights or involve a suspect class, a court will find that a government act is a valid exercise of police power if the act rationally relates to a legitimate governmental purpose.

18. Equal Protection: Motor Vehicles. A classification based on the location of motor vehicle registration is not the type of suspect classification that warrants strict judicial scrutiny.

19. Constitutional Law: Statutes. As a general rule, in a challenge to the overbreadth and vagueness of a law, a court's first task is to analyze overbreadth.

20. Constitutional Law: Criminal Law: Statutes. A statute is void for vagueness if it does not define a criminal offense with sufficient definiteness that ordinary ...


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