Butler Cty. Landfill v. Butler Cty. Bd. of Supervisors
908 N.W.2d 661
Neb.2018Background
- Butler County Landfill, Inc. (BCL) applied in July 2015 under Neb. Rev. Stat. §§ 13-1701 to 13-1714 to expand its existing landfill; the Board held a public hearing and denied the application on December 14, 2015.
- BCL petitioned the Butler County District Court for review under § 13-1712; the court held hearings and on June 17, 2016 vacated the Board’s December 14 order and remanded for the Board to issue specific findings of fact within 30 days.
- The Board adopted detailed findings and reissued its denial by resolution on July 13, 2016 and filed a notice of compliance in district court July 14, 2016.
- BCL did not file a new petition for judicial review within 60 days after notice of the Board’s reissued decision as required by § 13-1712.
- The district court nevertheless proceeded, and on February 7, 2017 reversed the Board’s denial and ordered approval of BCL’s application.
- The Nebraska Supreme Court concluded the district court lacked jurisdiction to enter the February 7 order because its June 17 order vacating the Board’s decision was final; jurisdiction reverted to the Board on remand and BCL failed to timely refile, so the February 7 order was void, was vacated, and the appeal was dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court retained jurisdiction after remanding the case for findings | BCL: no new petition was required; court retained jurisdiction from original petition | Board: remand returned jurisdiction to Board; plaintiff had to refile within 60 days of the Board’s reissued decision | Held: remand returned jurisdiction to the Board; BCL’s failure to file a new petition within 60 days deprived the district court of jurisdiction to enter the Feb. 7 order |
| Whether the district court’s June 17, 2016 order was final | BCL: implied that the remand did not fully divest the court | Board: court’s order setting aside the December 14 decision was a final judgment | Held: the June 17 order vacating (setting aside) the Board’s decision was a final order under §13-1712 and became final when not timely appealed |
| Whether the Board’s filing of a notice of compliance in district court satisfied §13-1712’s petition requirement | BCL: court proceedings could continue without new petition | Board: only the applicant may file the statutory petition to vest court jurisdiction | Held: the Board’s notice of compliance did not satisfy §13-1712; only the applicant’s timely petition vests jurisdiction |
| Consequence of district court issuing Feb. 7, 2017 order without jurisdiction | BCL: asserted merits review still appropriate | Board: order void because issued without jurisdiction | Held: Feb. 7 order was entered without jurisdiction, is void and vacated; appeal dismissed for lack of appellate jurisdiction |
Key Cases Cited
- Campbell v. Hansen, 298 Neb. 669 (jurisdictional question as matter of law)
- Rafert v. Meyer, 298 Neb. 461 (appellate duty to determine jurisdiction)
- Kozal v. Nebraska Liquor Control Comm., 297 Neb. 938 (appellate court lacks power where lower court lacked subject matter jurisdiction)
- Tri-County Landfill v. Board of Cty. Comrs., 247 Neb. 350 (district court judgments in siting approval cases are reviewable and final under §25-1911)
- Schaffer v. Cass County, 290 Neb. 892 (failure to file timely appeal/petition deprives court of jurisdiction)
- County of Douglas v. Burts, 2 Neb. App. 90 (district court remand implications and finality of reversal)
- Currie v. Chief School Bus Serv., 250 Neb. 872 (tribunal and reviewing court cannot have concurrent jurisdiction)
- Horton v. State, 63 Neb. 34 (mandate filing and effect on modifying judgments)