Abbott v. City of Bellevue
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The Supreme Court affirmed in part as modified and reversed in part the judgment of the district court finding that the City of Bellevue, Nebraska unconstitutionally impaired its contractual obligations and ordering the City to insert certain language into the document governing the retirement plan, holding that the district court erred in part.
After the City increased the amount it regularly deducted from its police officers' paychecks to fund their retirement plan, a group of officers and their union (collectively, Plaintiffs) filed suit, alleging that the City had violated the Contracts Clauses and Takings Clauses of the state and federal constitutions. The district court granted the motion in part, finding that the City unconstitutionally impaired its contractual obligations and ordering the City to insert certain language into the retirement plan. The Supreme Court affirmed in part and reversed in part, holding (1) the district court's order should be modified to remove the language in question; and (2) the district court made a legal error by finding that Plaintiffs were not the prevailing parties.
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