S-16-0948, Karen Amend, et al. (Appellants) v. State of Nebraska Public Service Commission
Lancaster County District Court, Hon. Susan I. Strong
Attorneys: Shawn D. Renner and Andre R. Berry (Cline Williams Wright Johnson & Oldfather,L.L.P) for the Appellants; Douglas J. Peterson (Attorney General) and Timothy R. Ertz (Assistant Attorney General) for the Appellee
Civil: Subject matter jurisdiction; State Tort Claims Act; sovereign immunity
Proceedings below: The district court granted the State’s motion to dismiss due to lack of subject matter jurisdiction and dimissed Appellants’ claims with prejudice. Appellee filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issue: The district court erred in 1) dismissing Appellants’ claims for lack of subject matter jurisdiction under Neb. Ct. R. Pldg. §6-1112(b)(1), 2) concluding that Appellants’ claims are barred by the discretionary function exception in Neb. Rev. Stat. §81-8,219(1), 3) concluding that Appellants’ claims are barred by the license revocation exception in Neb. Rev. Stat. §81-8,219(8), and 4) dismissing Appellants’ complaint without leave to amend.