Listen to the oral arguments in full here.

HASTINGS, Neb. — The saga surrounding a now-demolished viaduct in Hastings is in the hands of the Nebraska Supreme Court.

The court heard oral arguments in the case on Friday. It relates to a series of petitions that attempted to prevent the destruction of a nearly 90-year-old viaduct. The city demolished it in April, 2022, but a trio of citizens; Norman Sheets, Paul Dietze and Alton Jackson, have continued to fight the legality of the move.

The citizens appealed a district court’s decision that ruled the issue was moot because the viaduct no longer exists and that the latest petition was too vague.

The attorney representing the citizens said they still want to put the question of overruling the city council’s decision to demolish the viaduct to a public vote.

“If this were to go through, we now pivot to whether or not there is a suit for damages or taxpayer standing-type lawsuits if the election is ordered and if it is successful.”

The justices pressed Hastings city attorney Jesse Oswald about the city’s decision to tear down the viaduct two years ago.

Court: “Should this court have some concern about the city essentially taking actions to moot this controversy where citizens are trying to initiate a referendum?”

Oswald: “I believe they had that ability through their injunctive action to stop that. It’s my understanding that they could have appealed that decision and they did not appeal that decision.”

The citizens need to prove that the petition is not moot and that it isn’t too vague to be considered valid.

The court will now consider the case and author an opinion. It’s not clear when the court could reach a decision.