A Sarpy County judge said Tuesday that he will "fast track" his decision on whether to dismiss a lawsuit challenging the constitutionality of learning community taxes.
District Judge William Zastera promised a quick decision at the end of an hour-long hearing attended by 13 attorneys involved in the case, who outnumbered spectators in the gallery.
Zastera quizzed a few of the lawyers on the constitutional limits of state government and obligations of the state to provide education to every child, but the judge did not tip his hand.
"I will tell you I'm going to fast track this thing," Zastera said. "I'm going to try to get a decision out within a week."
The Sarpy County Farm Bureau and two Sarpy County landowners filed the lawsuit in January challenging the constitutionality of two learning community tax levies.
The lawsuit contends that general and building levies imposed by the learning community council last summer violate a constitutional prohibition against using property taxes for a state purpose. The plaintiffs also contend that the levies are not uniformly applied and put an unequal tax burden on some districts for the benefit of others.
Motions to dismiss have been filed by 11 parties who are being sued, including the Omaha Public Schools and the coordinating council of the Learning Community of Douglas and Sarpy counties. If Zastera grants the motions, the plaintiffs could appeal that decision to the Nebraska Court of Appeals.
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