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Chase County v. City of Imperial

Court of Appeals of Nebraska

August 14, 2018

Chase County, a political subdivision of the State of Nebraska, appellee,
v.
City of Imperial, a political subdivision of the State of Nebraska, appellant.

         1. Summary Judgment: Appeal and Error. An appellate court will affirm a lower court's grant 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 those facts and that the moving party is entitled to judgment as a matter of law.

         2. Administrative Law: Statutes: Appeal and Error. The interpretation of statutes and regulations presents questions of law, in connection with which an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court below.

         3. Declaratory Judgments: Statutes. An action for a declaratory judgment is an appropriate remedy to determine the validity, construction, or interpretation of a statute.

         4. Declaratory Judgments. The general rule is that an action for declaratory judgment does not lie where another equally serviceable remedy is available.

         5. Statutes: Appeal and Error. Statutory language is to be given its plain and ordinary meaning, and an appellate court will not resort to interpretation to ascertain the meaning of statutory words which are plain, direct, and unambiguous.

         6. Statutes: Legislature: Intent: Appeal and Error. In discerning the meaning of a statute, an appellate court must determine and give effect to the purpose and intent of the Legislature as ascertained from the entire language of the statute considered in its plain, ordinary, and popular sense.

         7. Statutes. If the language of a statute is clear, the words of such statute are the end of any judicial inquiry regarding its meaning.

         [26 Neb.App. 220] 8. Arrests: Health Care Providers: Costs. Under Neb. Rev. Stat. § 47-703(2) (Cum. Supp. 2016), the costs of medical services are chargeable to the agency responsible for operation of the correctional facility where the recipient is lodged in all cases where medical services were not necessitated by injuries or wounds suffered during the course of apprehension or arrest.

         9. Statutes. If the language of a statute is clear, the words of such statute are the end of any judicial inquiry regarding its meaning.

         10. Arrests: Health Care Providers: Costs. Neb. Rev. Stat. §§ 47-701 and 47-702 (Reissue 2010) apply to the costs of medical services for any person in need of such services at the time such person is arrested, detained, taken into custody, or incarcerated, and their application is not limited to only those arrestees who are ultimately lodged into a correctional facility.

         11. Statutes. It is not within the province of the courts to read a meaning into a statute that is not there or to read anything direct and plain out of a statute.

          Appeal from the District Court for Chase County: David W. Urbom, Judge. Reversed and remanded for further proceedings.

          Joshua J. Wendell, of McQuillan & Wendell, PC, L.L.O., for appellant.

          Arlan G. Wine, Chase County Attorney, for appellee.

          Andre R. Barry and Nathan D. Clark, of Cline, Williams, Wright, Johnson & Oldfather, L.L.R, for amicus curiae ...


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