S-17-0276 Butler County Landfill, Inc. v. Butler County Board of Supervisors (Appellant)
Butler County, Judge Mary C. Gilbride
Attorneys: Stephen D. Mossman (Mattson Ricketts Law Firm) and Robert H. Epstein (pro hac vice), Ryan C. Hardy (pro hac vice) (Spencer Fane LLP) --- Julie L. Reiter (County Attorney) and Kristopher J. Covi, Stephen P. Case (McGrath North Mullin & Kratz PCLLO) (Appellant)
Civil: Landfill Siting Act, Neb. Rev. Stat. 13-1701 et seq.; Administrative Procedures Act
Proceedings below: Butler County Landfill, Inc. (“BCL”) filed an Expansion Application with the Butler County Board. After a public hearing, the Board determined BCL failed to satisfy all statutory criterial required under Neb. Rev. Stat. 13-1703 an denied the Expansion Application. BCL appealed to the district court who reversed and remanded the matter back to the Board with instructions to approve the application. BCL filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: The district court erred in determining the Board acted arbitrarily and capriciously when it denied BCL’s Expansion Application.