Northeast Nebraska Public Power District, appellee and cross-appellant,
Nebraska Public Power District, appellant and cross-appellee.
Contracts: Appeal and Error. The
construction of a contract is a question of law, and is
reviewed de novo.
Summary Judgment: Appeal and Error. An
appellate court will affirm a lower court's granting of
summary judgment if the pleadings and admitted evidence show
that there is no genuine issue as to any material facts or as
to the ultimate inferences that may be drawn from the facts
and that the moving party is entitled to judgment as a matter
___ .In reviewing a summary judgment, an appellate court
views the evidence in the light most favorable to the party
against whom the judgment was granted, and gives that party
the benefit of all reasonable inferences deducible from the
Declaratory Judgments. A declaratory
judgment action is ripe for judicial determination if the
issue presented is fit for judicial determination and would
result in significant harm if review were delayed.
Courts: Judgments: Damages. A court may
proceed to the merits of a case where the issues presented
are largely legal in nature, the issue may be resolved
without further factual development, or judicial resolution
will largely settle the parties' dispute; and significant
harm applies to both actual damages, pecuniary or otherwise,
and also the heightened uncertainty and resulting behavior
modification that may result from delayed resolution.
Pretrial Procedure: Appeal and Error. On a
discovery issue, the district court's ruling is reviewed
for an abuse of discretion.
Contracts. The meaning of a contract and
whether a contract is ambiguous are questions of law.
Neb.App. 838] 8. Contracts: Words
and Phrases. A contract is ambiguous when a word,
phrase, or provision in the contract has, or is susceptible
of, at least two reasonable but conflicting interpretations
Contracts. If the terms of a contract are
clear, a court may not resort to rules of construction and
must accord clear terms their plain and ordinary meaning as
an ordinary or reasonable person would understand them.
. The fact that the parties suggest opposing meanings of a
disputed instrument does not compel the conclusion that the
instrument is ambiguous.
Judgments: Appeal and Error. When reviewing
questions of law, an appellate court has an obligation to
resolve the questions independently of the conclusion reached
by the trial court.
from the District Court for Wayne County: James G. Kube,
W. Johnson and Corey J. Wasserburger, of Johnson. Flodman,
Guenzel & Widger, and John C. McClure, of Nebraska Public
Power District, for appellant.
D. Davidson and David C. Levy, of Baird Holm, L.L.P, for
Inbody, Riedmann, and Arterburn, Judges.
Public Power District (NPPD) appeals and Northeast Nebraska
Public Power District (Northeast) cross-appeals from an order
entered by the district court for Wayne County granting
summary judgment in favor of Northeast and denying NPPD's
motion for summary judgment. On appeal, NPPD argues the
district court erred in overruling NPPD's motion to
dismiss for lack of subject matter jurisdiction, overruling
NPPD's motion to compel, interpreting the relevant
contract provisions, failing to find that equitable estoppel
did not give rise to a cause of action, and granting summary
judgment in favor of Northeast. On cross-appeal, ...