Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Charity Field Farms, Inc. v. Board of Educational Lands and Funds

Court of Appeals of Nebraska

May 21, 2019

Charity Field Farms, Inc., appellant,
v.
Board of Educational Lands and Funds et al., appellees.

         1. Judgments: Jurisdiction: Appeal and Error. When a jurisdictional question does not involve a factual dispute, determination of a jurisdictional issue is a matter of law which requires an appellate court to reach a conclusion independent from the trial court's.

         2. Jurisdiction: Appeal and Error. When a lower court lacks the authority to exercise its subject matter jurisdiction to adjudicate the merits of the 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 court.

         3. Administrative Law: Final Orders: Appeal and Error. Under the Administrative Procedure Act, any person aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, shall be entitled to judicial review.

         4. Administrative Law: Words and Phrases. For purposes of the Administrative Procedure Act, a contested case is defined as a proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.

          Appeal from the District Court for Lancaster County: Kevin R. McManaman, Judge. Appeal dismissed.

          David W. Jorgensen, of Nye, Hervert, Jorgensen & Watson. PC, for appellant.

          Douglas J. Peterson, Attorney General, and James D. Smith, Solicitor General, for appellees.

         [27 Neb.App. 277] Pirtle, Arterburn, and Welch, Judges.

          Arterburn, Judge.

         INTRODUCTION

         Charity Field Farms, Inc. (Charity Field), requested that the Board of Educational Lands and Funds refer a dispute over a land survey which had arisen between Charity Field and a neighboring land owner, Trampe Bros., L.L.C., to Nebraska's State Surveyor for an evidentiary hearing and settlement. At the time of Charity Field's request, it was involved in litigation with Trampe Bros, regarding a property line dispute and an associated land survey. After a regular meeting of the board, it declined to refer the dispute to the State Surveyor. Charity Field sought judicial review of the board's decision. The Lancaster County District Court concluded it lacked subject matter jurisdiction because the board's decision "was not a final order in a contested case." See Neb. Rev. Stat. § 84-917(1) (Reissue 2014). The court dismissed Charity Field's purported appeal from the board's decision, and now Charity Field appeals to this court. Upon our review, we determine that the district court did not have jurisdiction and that as such, we also lack jurisdiction. Therefore, the appeal is dismissed.

         BACKGROUND

         Before we recite the factual circumstances surrounding this appeal, we note some concerns regarding the record before us. In particular, we note that our "record" of the proceedings held before the board was created by Charity Field, and not the board, which was the agency presiding over the proceedings. This "record" is found in the transcript as an attachment to the "Appeal" that was filed in the Lancaster County District Court. Charity Field has provided some indication that the board refused to make or provide an official record regarding what transpired at the pertinent board meeting. Ultimately, we need not decide whether the record before us is proper, because even if we consider the record created and provided [27 Neb.App. 278] by Charity Field, we conclude that we do not have jurisdiction to consider the merits of Charity Field's assertions. Accordingly, we simply note that our recitation of the factual circumstances underlying this appeal are taken from an "unofficial" record created by Charity Field.

         On January 5, 2017, counsel for Charity Field sent two letters to the office of the State Surveyor. In one of the letters, counsel describes the ongoing litigation between Charity Field and Trampe Bros, and indicates that Charity Field is requesting that the State Surveyor resolve a dispute regarding a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.