S-23-0155 Nebraska Journalism Trust (Appellee) v. Nebraska Department of Environment and Energy, et al. (Appellants)
Appeals from the District Court for Lancaster County, Judge Ryan S. Post
Attorneys: Eric J. Hamilton and Christian Edmonds (Asst. Attorneys General for Appellants), Daniel J. Gutman (Law Office of Daniel Gutman for Appellee), Derek A. Aldridge (Perry, Guthery, Haase & Gessford, P.C., L.L.O. as Amici Curiae, League of Nebraska Municipalities, Nebraska Association of School Boards, Nebraska Association of County Officials, and Nebraska County Attorney’s Association), Marnie A. Jensen, Alexa B. Barton, and Aubrey Wells (Husch Blackwell LLP as Amicus Curiae for The Goldwater Institute), and Brian J. Fahey, Katie Townsend, Mara Gassman, and Shawn Musgrave (Fraser Stryker as Amici Curiae for The Reporters Committee for Freedom of the Press and Other Media Organizations).
Civil: Costs for Public Records Request and Attorney’s Fees
Proceedings below: The district court issued a Preemptory Writ of Mandamus that required the Nebraska Department of Environment and Energy to provide an estimate of the expected cost of copies for a records request, and the district court awarded Appellee attorney’s fees. Appellant filed a Petition to Bypass the Court of Appeals, which the Supreme Court granted and ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The district court erred in concluding that mandamus is a proper action for a challenge to a fee estimated pursuant to Neb. Rev. Stat. § 84-712(3)(c); and 2) The district court erred in concluding that Neb. Rev. Stat. § 84-712(3)(c) does not authorize fees for document review time.