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Estate of Schluntz v. Lower Republican Natural Resources District

Supreme Court of Nebraska

July 20, 2018

Estate of Gerald Schluntz et al., appellants,
v.
Lower Republican Natural Resources District, a political subdivision, appellee.

         1. Rules of the Supreme Court: Appeal and Error. Headings in the argument section of a brief do not satisfy the requirements of Neb. Ct. R. App. P. § 2-109(D)(1) (rev. 2014).

         2. Jurisdiction: Appeal and Error. Jurisdictional determinations that do not involve a factual dispute are reviewed de novo.

         3. Statutes: Appeal and Error. Issues of statutory interpretation present a question of law that an appellate court independently reviews.

         4. Rules of the Supreme Court: Appeal and Error. Where an appellate brief fails to comply with the mandate of the appellate rule governing the form and content thereof, the appellate court may proceed as though the party failed to file a brief or, alternatively, may examine the proceedings for plain error.

         5. Appeal and Error. Plain error is error plainly evident from the record and of such a nature that to leave it uncorrected would result in damage to the integrity, reputation, or fairness of the judicial process.

         6. Statutes: Judicial Construction: Legislature: Presumptions: Intent. Where a statute has been judicially construed and that construction has not evoked an amendment, it is presumed that the Legislature has acquiesced in the court's determination of the Legislature's intent.

         7. Actions: Jurisdiction: Appeal and Error. Where a district court has statutory authority to review an action, the district court acquires jurisdiction only if the review is sought in the mode and manner and within the time provided by statute.

          Appeal from the District Court for Furnas County: David W. Urbom, Judge.

         [300 Neb. 583] Thomas G. Lieske, of Lieske, Lieske & Ensz, PC, L.L.O.. for appellants.

          Katherine J. Spohn and Blake E. Johnson, of Bruning Law Group, for appellee.

          Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, and Papik, JJ.

          PAPIK, J.

         In certain statutorily defined circumstances, parties aggrieved by actions taken by Nebraska administrative agencies or political subdivisions can seek review in district court in accordance with the Administrative Procedure Act (APA). The APA directs that proceedings for such review be instituted by filing a petition in the "district court of the county where the action is taken." Neb. Rev. Stat. § 84-917(2)(a)(i) (Reissue 2014). We have previously held and reaffirm today that this language requires that a petition for review be filed in the district court of the county in which the first adjudicated hearing of a disputed claim took place. Because the petition in this case was not ...


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