Good evening,
Backstory-The local cemetery was run by a board for many years. The Board had bylaws and managed the cemetery accordingly. Approximately 15 years ago the City took over the management of the cemetery and disbanded the Board, causing some ill feeling along the way. Somehow those bylaws have been lost and the City never created new bylaws or ordinances. It appears the originals should have been filed with the County, but they cannot locate anything either. A member of the disbanded board is challenging the City's ability to sell certain lots. There is no violation of state statute or city ordinance. The City is unable to locate the previous bylaws that were passed by the board and the individual challenging the City claims to have a copy but will not provide it. The City Clerk contacted the League of Municipalities who then contacted the local state senator who advised once the City took control of the cemetery any bylaws of the board would become null and void and the City could start anew with their own ordinances and/or bylaws, similar to if a Village became unincorporated and later became incorporated anew. Has anyone dealt with such a problem? Any input would be appreciated. I have found zero in Chapter 12 that addresses this issue.
Thanks in advance,
Dale
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Dale Davis
Bassett City Attorney
Bassett, NE
daledavislaw@gmail.com402-760-1472
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