Lazarus Come Forth - And He that Was Dead Came Forth - An Examination of the Lazarus Rule: Fisher v. City of Grand Island
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Authors
Robson, Jeanelle R.
Issue Date
1993
Volume
26
Issue
Type
Journal Article
Language
Keywords
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Abstract
INTRODUCTION|In Fisher v. City of Grand Island, the Nebraska Supreme Court ordered that Clarence Fisher be non-suited for failure to file a petition with the district court in appealing a decision of the Grand Island City Council. The Nebraska Supreme Court held that Nebraska Revised Statute section 16-729 ("Reference Statute") governed Fisher's appeal to the district court and, by reference to a justice of the peace court procedure, required Fisher to file a petition in the district court. Statutes governing procedures for the justice of the peace courts had been repealed in 1972. However, the court used a statutory rule of construction that enabled the court to rely on these repealed justice of the peace court statutes and to apply the repealed statutes as if they were still in effect. This rule of construction states that if one statute specifically refers to another statute, and the statute referred to is subsequently repealed, the repealed statute remains in force as far as the statute referring to the repealed statute is concerned. Judge Thomas Shanahan's dissent in Fisher labeled this rule of construction the "Lazarus Rule."...
Description
Citation
26 Creighton L. Rev. 221 (1992-1993)
Publisher
Creighton University School of Law