Editor's Note: This story was updated to include a quote from the Hastings mayor.

HASTINGS, Neb. — The saga surrounding a destroyed viaduct in Hastings appears to have come to a close after more than five years.

The Nebraska Supreme Court ruled Friday morning that the City of Hastings does not need to hold a special election regarding the viaduct’s demolition because the issue is moot. A group of Hastings residents had appealed a district court’s decision and argued that the the issue of the viaduct’s demolition should go to election regardless of the viaduct’s existence. 

“We conclude that the parties’ legal interests at the beginning of the litigation were eradicated with the demolition of the viaduct,” the court wrote in its opinion.

The controversy dates back to May 2019 when the city closed the Old Highway 281 Viaduct, which was nearly 90 years old. After the city passed a resolution to demolish the viaduct, a citizen group gathered enough petition signatures to take the issue to election. The city then rescinded its resolution and put a proposal to repair the viaduct to voters. It didn’t pass and the city council again voted to demolish the viaduct. The citizen group again gathered enough signatures on a petition to put the council’s resolution to a public vote. The city challenged the validity of the petition in court and set a demolition date. The citizen group moved for a temporary injunction to prevent the demolition but a district judge denied it. Demolition crews destroyed the viaduct in April 2022.

After the demolition, the citizen group continued to argue in district court for a special election on the matter. A district court judge ruled the issue was moot. After hearing oral arguments in May, the Nebraska Supreme Court agreed with the district court judge.

“Now that the viaduct has been demolished, the City no longer has a legal interest in effectuating the viaduct’s demolition,” the court wrote. “Likewise, the chief petitioners no longer have a legal interest in preserving the viaduct now that the viaduct no longer exists. Consequently, the issue initially presented in the proceeding no longer exists. The demolition of the viaduct has forestalled any occasion for meaningful relief. This case is moot and must be dismissed.”

The court was careful to only rule on whether the case was moot or not. It didn’t address any other possible issues in the legal process. It reversed the district court’s decision that a public interest exception applied in this case.

“Additionally, the specific circumstances of this case create a difficult, if not troublesome, situation to provide an authoritative adjudication to guide public officials in the future. Likewise, we cannot conclude that the same or similar problems presented by this appeal are likely to recur. It follows that the public interest exception does not apply in this case.”

The attorney for the citizen group said in oral arguments that putting the issue to a public vote could have allowed the group to sue for damages.

Hastings Mayor Corey Stutte issued a statement on the ruling.

“After five years of dealing with legal battles caused by a small group of people in Hastings, I am pleased that our community can finally move forward,” Stutte said. “I am also grateful for the hard work and dedication shown by our staff in upholding the integrity of the decisions made by the elected officials of the City of Hastings and the voters' decision in November 2020 to reject the rebuilding of the viaduct. I am glad that the voices of the people have been heard, and we can now focus on helping Hastings continue to grow.”

We are waiting to hear back from the petitioners.