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Prime Realty Dev., Inc. v. Omaha, City of

ELR Citation: 30 ELR 20175
Nos. No. S-98-615, 602 N.W.2d 13/(Neb., 11/05/1999)

The court holds that a city's redesignation under the Nebraska Community Development Law (CDL) of a developer's property as no longer blighted and, thus, not qualified for tax increment financing (TIF) did not violate the developer's due process under the state constitution. The court first holds that the developer had no significant property interest in the blighted designation. In the CDL there are no notice or statutory requirements set out for removing a blighted designation, and nothing in the CDL's statutory scheme suggests that a blighted designation is permanent. Further, nothing in the CDL requires that an area be declared blighted if it meets all the statutory criteria. Therefore, the decision to remove a blighted designation is left within the city's discretion. The court then holds that the developer did not have a legitimate claim of entitlement to TIF funds. The record makes clear that the TIF decisionmaking process regarding TIF applications is a discretionary process. Even if the developer met all the necessary criteria, its application for TIF funds could have been denied.

The full text of this decision is available from ELR (5 pp., ELR Order No. L-118).

Counsel for Appellant
Thomas E. Whitmore
Monen & Whitmore
210 Regency Pkwy., Ste. 22, Omaha NE 68114
(402) 391-2400

Counsel for Appellee
Paul D. Kratz
City Attorney's Office
Omaha/Douglas Civic Center
1819 Farnam St., Ste. 804, Omaha NE 68183
(402) 444-5115