Professional Firefighters of Omaha, Local 385 v. City of Omaha

498 N.W.2d 325, 243 Neb. 166, 1993 Neb. LEXIS 123
CourtNebraska Supreme Court
DecidedApril 9, 1993
DocketS-90-1206
StatusPublished
Cited by26 cases

This text of 498 N.W.2d 325 (Professional Firefighters of Omaha, Local 385 v. City of Omaha) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Professional Firefighters of Omaha, Local 385 v. City of Omaha, 498 N.W.2d 325, 243 Neb. 166, 1993 Neb. LEXIS 123 (Neb. 1993).

Opinions

[168]*168CAPORALE, J.

I. STATEMENT OF CASE

The plaintiff-appellant, Professional Firefighters of Omaha, Local 385, a labor organization, seeks a declaration that the defendant-appellee, the City of Omaha, is required to provide specialized aircraft rescue and firefighting services to its airport authority. Concluding that the city is under no mandatory duty to provide such services to the authority, the district court granted the city’s motion for summary judgment. The local has appealed, asserting that the district court erred in so ruling. The city has cross-appealed, asserting that the local lacks standing to sue. We affirm.

II. SCOPES OF REVIEW

Summary judgment is properly granted only when the record discloses that there is no genuine issue concerning any material fact or the ultimate inferences deducible from such fact or facts and that the movant is entitled to judgment as a matter of law. Economy Preferred Ins. Co. v. Mass, 242 Neb. 842, 497 N.W.2d 6 (1993); Parrish v. Omaha Pub. Power Dist., 242 Neb. 783, 496 N.W.2d 902 (1993); Sports Courts of Omaha v. Meginnis, 242 Neb. 768, 497 N.W.2d 38 (1993); Jaramillo v. Mercury Ins. Co., 242 Neb. 223, 494 N.W.2d 335 (1993). In reviewing an order sustaining a motion for summary judgment, an appellate court views the evidence in a light most favorable to the party opposing the motion and gives that party the benefit of all reasonable inferences that may be deduced from the evidence. Abdullah v. Gunter, 242 Neb. 854, 497 N.W.2d 12 (1993); Economy Preferred Ins. Co. v. Mass, supra; Parrish v. Omaha Pub. Power Dist., supra.

However, on matters of law, including the interpretation of statutes, we, as an appellate court, have an obligation to reach an independent, correct conclusion irrespective of the determination made by the trial court. Stratbucker Children’s Trust v. Zoning Bd., ante p. 68, 497 N.W.2d 671 (1993); Sports Courts of Omaha v. Meginnis, supra; Curry v. State ex rel. Stenberg, 242 Neb. 695, 496 N.W.2d 512 (1993); Northern Bank v. Federal Dep. Ins. Corp., 242 Neb. 591, 496 N.W.2d 459 (1993).

[169]*169III. FACTS

Pursuant to the Nebraska Cities Airport Authorities Act, Neb. Rev. Stat. ch. 3, art. 5 (Cum. Supp. 1957), the city created the authority on March 3, 1959. The city then, while retaining title, conveyed to the authority the use of real property upon which the authority constructed an airport terminal and related facilities.

Under a series of cooperative agreements, the city, for the ensuing three decades, provided the authority with city firefighters. The authority supplied this airport firefighting unit with housing and with special equipment which enabled the unit to conduct aircraft rescue and firefighting operations, a specialized firefighting service.

In 1977, the authority began reimbursing the city 50 percent of the airport unit personnel costs and in 1984 increased its reimbursement to 66 percent. On January 19, 1990, the authority decided to discontinue its cooperative arrangements with the city and to hire its own personnel to perform the specialized firefighting services the city’s employees had been performing with the authority’s equipment.

Having previously expressed its displeasure with the authority’s decision to hire its own specialized firefighters, the city then removed its firefighters from the airport and reassigned these 12 employees throughout its fire division. Thus, none of its employees suffered a reduction in classification or benefits.

As the recognized collective bargaining representative for the employees of the city’s fire division, the local contends that the removal of the city’s firefighters from the airport reduced the division’s numbers, thereby reducing the local’s membership and revenue.

IV. ANALYSIS

Although the issue is not raised by the parties, at first blush it would appear that the authority is an “indispensable party” to the adjudication of this matter. Such, however, proves not to be the case.

An indispensable party is one whose interest in the subject matter of the controversy is such that the controversy cannot be [170]*170finally adjudicated without affecting the indispensable party’s interest, or which is such that not to address the interest of the indispensable party would leave the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience. See Helter v. Williamson, 239 Neb. 741, 478 N.W.2d 6 (1991).

In determining whether the authority is such a party, it must be borne in mind that the local asks only that the city be compelled to provide the authority with specialized firefighting services; the local does not ask that the authority be prevented from also providing its own such services if it wishes or that it be required to pay the city for any services the city provides. Admittedly, it would be wasteful in the extreme for both the city and the authority to provide the same firefighting services, but this lawsuit does not concern itself with waste or with what the authority may or may not do; it concerns itself solely with the obligation of the city to provide specialized firefighting services.

While a portion of the definition of indispensable party speaks in terms of not ending up with a final determination which “may be wholly inconsistent with equity and good conscience,” that phrase relates not to questions of general policy, but to some legal right of the indispensable party.

Thus, we move on to the issues raised by the parties, which, as noted in part I, are (1) the city’s claim on cross-appeal that the local lacks standing to bring this action and (2) the local’s claim that the district court wrongly decided the city had no duty to provide specialized firefighting services to the authority.

1. Standing

As the city correctly urges, only a party who has standing may invoke the jurisdiction of a court. State v. $15,518, 239 Neb. 100, 474 N.W.2d 659 (1991); Rexroad, Inc. v. S.I.D. No. 66, 222 Neb. 618, 386 N.W.2d 433 (1986); Nebraska Sch. Dist. No. 148 v. Lincoln Airport Auth., 220 Neb. 504, 371 N.W.2d 258 (1985); Hall v. Cox Cable of Omaha, Inc., 212 Neb. 887, 327 N.W.2d 595 (1982); Stahmer v. Marsh, 202 Neb. 281, 275 N.W.2d 64 (1979).

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Bluebook (online)
498 N.W.2d 325, 243 Neb. 166, 1993 Neb. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/professional-firefighters-of-omaha-local-385-v-city-of-omaha-neb-1993.