Johnson v. City of Omaha

Summary

The Nebraska Supreme Court affirmed summary judgment for the City of Omaha and FCC Environmental Services and upheld the denial of Johnson’s motion to amend. The court held that Johnson had taxpayer standing, but that the postopening bid clarification did not materially alter FCC’s bid or demonstrate bad faith, and that voter approval was not required for charges collected directly by the contractor. The court also held that amendment was properly denied because Johnson unduly delayed asserting a theory based on facts known from the beginning of the litigation.