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Northern States Beef v. Stennis

2 Neb. App. 340 (Neb. Ct. App. 1993)
Northern States Beef v. Stennis

4 Citing cases

  1. Candyland, LLC v. Neb. Liquor Control Comm'n

    306 Neb. 169 (Neb. 2020)   Cited 4 times
    Noting "[TERC] appeal statutes are modeled after the APA"

    It is well settled that for a district court to acquire jurisdiction to review a final decision of an administrative agency under the APA, the appellant must file the petition and serve summons. See, J.S. v. Grand Island Public Schools , 297 Neb. 347, 899 N.W.2d 893 (2017) ; Northern States Beef v. Stennis , 2 Neb. App. 340, 509 N.W.2d 656 (1993). In its December 2018 order, the district court denied Candyland's motion to serve citizen objectors by publication, but according to the court's later order of May 3, 2019, it recognized that it had erroneously believed in December 2018 that the citizen objectors were not "necessary parties."

  2. McLaughlin v. Jefferson Cty. Bd. of Equal

    5 Neb. App. 781 (Neb. Ct. App. 1997)   Cited 10 times
    In McLaughlin v. Jefferson Cty. Bd. of Equal., 5 Neb. App. 781, 567 N.W.2d 794 (1997), we held that service of summons within 30 days of the filing of the petition for review is necessary to confer subject matter jurisdiction upon this court. It is no longer possible for Widtfeldt to accomplish timely service of a summons upon the Board.

    Id. That the jurisdictional requirements would be the same under acts with identical statutory language logically follows. In Northern States Beef v. Stennis, 2 Neb. App. 340, 509 N.W.2d 656 (1993), Northern States filed a petition on November 15, 1991, for review of the Nebraska Equal Opportunity Commission's decision rendered on October 18, 1991. On December 17, Northern States filed a praecipe requesting that a summons and a copy of the petition be served upon Stennis, Northern States' former employee.

  3. Tlamka v. Parry

    751 N.W.2d 664 (Neb. Ct. App. 2008)   Cited 2 times

    The filing of the petition and the service of summons are the two actions that are necessary to establish jurisdiction pursuant to the APA. See, Essman v. Nebraska Law Enforcement Training Ctr., supra; James v. Harvey, 246 Neb. 329, 518 N.W.2d 150 (1994). As this court explained in Northern States Beef v. Stennis, 2 Neb. App. 340, 509 N.W.2d 656 (1993), in order to perfect an appeal under the APA, the party instituting the proceedings for review must file a petition in the district court for the county where the action is taken within 30 days after the service of the final decision by the agency, and cause summons to be served within 30 days of the filing of the petition. DCS was a necessary and indispensable party to the proceeding for judicial review.

  4. Payne v. Nebraska Dept. of Corr. Servs

    3 Neb. App. 969 (Neb. Ct. App. 1995)   Cited 1 times

    The provision in ยง 84-917(2)(a) that requires a petitioner to serve a summons upon the parties of record within 30 days of filing the petition has been held by this court to be mandatory to confer jurisdiction on the district court. Northern States Beef v. Stennis, 2 Neb. App. 340, 509 N.W.2d 656 (1993). We believe that a timely filing of a request for the preparation of the official record is similarly a jurisdictional requirement.