Judgments: Jurisdiction: Appeal and Error. A jurisdictional
question which does not involve a factual dispute is
determined by an appellate court as a matter of law, which
requires the appellate court to reach a conclusion
independent from the lower court's decision.
Jurisdiction: Appeal and Error. Before reaching the legal
issues presented for review, it is the duty of an appellate
court to determine whether it has jurisdiction over the
matter before it.
__ . Where a lower court lacks subject matter jurisdiction to
adjudicate the merits of a claim, issue, or question, an
appellate court also lacks the power to determine the merits
of the claim, issue, or question presented to the lower
Political Subdivisions: Final Orders: Appeal and Error. A
district court order setting aside, annulling, vacating, or
reversing a siting approval decision in a review pursuant to
Neb. Rev. Stat. § 13-1712 (Reissue 2012) is a final
Jurisdiction: Appeal and Error. An appellate court and the
tribunal appealed from do not have jurisdiction over the same
case at the same time.
Political Subdivisions: Jurisdiction: Time: Appeal and Error.
A failure to comply with the requirement under Neb. Rev.
Stat. § 13-1712 (Reissue 2012) to petition for a hearing
before the district court within 60 days after notice of the
siting body's decision deprives the district court of
jurisdiction to review a siting approval decision.
from the District Court for Butler County: Mary C. Gilbride,
Judge. Appeal dismissed.
Neb. 423] Kristopher J. Covi and Steven P. Case, of McGrath,
North. Mullin & Kratz, PC, L.L.O., and Julie L. Reiter,
Butler County Attorney, for appellant.
H. Epstein and Ryan C. Hardy, of Spencer Fane, L.L.P., and
Stephen D. Mossman, of Mattson Ricketts Law Firm, for
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Kelch, and
Butler County Board of Supervisors (the Board) appeals from
the order of the district court for Butler County which
reversed the Board's decision to deny an application by
Butler County Landfill, Inc. (BCL), to expand its solid waste
disposal landfill area located in Butler County, Nebraska. We
conclude that the district court lacked jurisdiction to enter
the February 7, 2017, order from which this appeal is taken
and that, consequently, we lack jurisdiction over this
appeal. We therefore vacate the district court's order
and dismiss this appeal.
wholly owned subsidiary of Waste Connections of Nebraska,
Inc., operates a solid waste landfill located in Butler
County near David City, Nebraska. The landfill has been in
existence since 1986, and an expansion of the landfill was
approved in 1992 which allowed it to accept solid waste from
other counties. The record indicates that by 2015, BCL was