S-17-0433 In re Matter City of Neligh, Nebraska v. Elkhorn Rural Public Power District (Appellant)
The Nebraska Power Review Board
Attorneys: David C. Levy & Krista M. Eckhoff (Baird Holm LLP) & Joseph McNally (McNally Law Office) --- David A. Jarecke & Ellen C. Kreifels (Blankenau Wilmoth Jarecke LLP) (Appellant)
Civil: Economic impact of annexation
Proceedings below: The Nebraska Power Review Board found Appellant was not entitled to compensation for the loss of a substation circuit resulting from Neligh’s annexation. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: The Nebraska Power Board acted arbitrarily and unreasonably in 1) refusing to include the lost substation circuit within the total economic impact on Appellant resulting from the service territory transfer, 2) in failing to establish the amount of compensation Appellee should pay to Appellant for the lost substation circuit, and 3) in failing to consider evidence before it.