special legislation claim (Nebraska) · Go Syfert
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special legislation claim in Nebraska

16 Nebraska opinions name it 2 courts 1992–2022 2 in the last five years

The cases below were cited by Nebraska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Hug v. City of Omahagreen
neb · 2008 · cited in 5 Nebraska opinions naming this issue, 2009–2022
2 sentences

2009We have recently stated in the context of a special legislation analysis that "[g]enerally, outside of the plain language used in legislation, a legislative body's purpose or intent in enacting legislation is determined through an examination of the legislative history of a particular enactment." Hug v. City of Omaha, 275 Neb. 820, 824 , 749 N.W.2d 884, 888 (2008).

2009We have recently stated in the context of a special legislation analysis that "[g]enerally, outside of the plain language used in legislation, a legislative body's purpose or intent in enacting legislation is determined through an examination of the legislative history of a particular enactment." Hug v. City of Omaha, 275 Neb. 820, 824 , 749 N.W.2d 884, 888 (2008).

25
Bergan Mercy Health System v. Havengreen
neb · 2000 · cited in 4 Nebraska opinions naming this issue, 2000–2006
2 sentences

2000As explained by my dissent in Bergan Mercy Health Sys. v. Haven, 260 Neb. 846 , 620 N.W.2d 339 (2000), the classes created by Neb.Rev.Stat. § 52-401 (Reissue 1998) with regard to a special legislation claim are (1) the particular class of physicians, nurses, and hospitals who receive the privilege of the lien and (2) the general class of those who likewise perform services of any nature in the treatment of, or in connection with, an injury without the privilege of the lien.

2000As explained by my dissent in Bergan Mercy Health Sys. v. Haven, 260 Neb. 846 , 620 N.W.2d 339 (2000), the classes created by Neb.Rev.Stat. § 52-401 (Reissue 1998) with regard to a special legislation claim are (1) the particular class of physicians, nurses, and hospitals who receive the privilege of the lien and (2) the general class of those who likewise perform services of any nature in the treatment of, or in connection with, an injury without the privilege of the lien.

24
Friehe v. Schaadgreen
neb · 1996 · cited in 2 Nebraska opinions naming this issue, 2022–2022
2 sentences

2022To my ears, that sounds a lot like the intermediate scrutiny test developed by the U.S. Supreme Court under which certain types of classifications “must serve important governmental objectives and must be substantially related to achievement of those objectives.” See, e.g., Friehe v. Schaad, 249 Neb. 825, 832 , 545 N.W.2d 740, 746 (1996).

2022To my ears, that sounds a lot like the intermediate scrutiny test developed by the U.S. Supreme Court under which certain types of classifications “must serve important governmental objectives and must be substantially related to achievement of those objectives.” See, e.g., Friehe v. Schaad, 249 Neb. 825, 832 , 545 N.W.2d 740, 746 (1996).

22
Dowd Grain Co. v. County of Sarpygreen
neb · 2015 · cited in 3 Nebraska opinions naming this issue, 2015–2022
2 sentences

2022Our precedent says that to withstand a special legislation challenge, a legislative classification “must rest upon some reason of public policy, some substantial difference in circumstances, which would naturally suggest the justice or expediency of diverse legislation regarding the objects to be classified.” Dowd Grain Co. v. County of Sarpy, 291 Neb. 620, 628 , 867 N.W.2d 599 , 606 (2015).

2022Our precedent says that to withstand a special legislation challenge, a legislative classification “must rest upon some reason of public policy, some substantial difference in circumstances, which would naturally suggest the justice or expediency of diverse legislation regarding the objects to be classified.” Dowd Grain Co. v. County of Sarpy, 291 Neb. 620, 628 , 867 N.W.2d 599 , 606 (2015).

13
Porter v. Jensengreen
neb · 1986 · cited in 1 Nebraska opinions naming this issue, 1992–1992
2 sentences

1992See, Porter v. Jensen, 223 Neb. 438 , 390 N.W.2d 511 (1986); Farm Bureau Life Ins.

1992See, Porter v. Jensen, 223 Neb. 438 , 390 N.W.2d 511 (1986); Farm Bureau Life Ins.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
D-CO, Inc. v. City of La Vista green
neb · 2013
2 sentences

2022In support of this argument, REO compares Riley’s affidavit to a commissioned study a municipality offered in defending an ordinance regulating rental properties against a special legislation challenge in D-CO, Inc. v. City of La Vista, 285 Neb. 676 , 829 N.W.2d 105 (2013).

2022In support of this argument, REO compares Riley’s affidavit to a commissioned study a municipality offered in defending an ordinance regulating rental properties against a special legislation challenge in D-CO, Inc. v. City of La Vista, 285 Neb. 676 , 829 N.W.2d 105 (2013).

22022–2022
Staley v. City of Omaha green
neb · 2006
2 sentences

2014In all other cases where a gen- eral law can be made applicable, no special law shall be enacted. [3,4] A legislative act constitutes special legislation if (1) it creates an arbitrary and unreasonable method of classifica- tion or (2) it creates a permanently closed class.40 A special legislation analysis focuses on a legislative body’s purpose in creating a challenged class and asks if there is a substan- tial difference of circumstances to suggest the expediency of diverse legislation.41 The prohibition aims to prevent legisla- tion that arbitrarily benefits a special class.42 [5,6] When th

2014In all other cases where a gen- eral law can be made applicable, no special law shall be enacted. [3,4] A legislative act constitutes special legislation if (1) it creates an arbitrary and unreasonable method of classifica- tion or (2) it creates a permanently closed class.40 A special legislation analysis focuses on a legislative body’s purpose in creating a challenged class and asks if there is a substan- tial difference of circumstances to suggest the expediency of diverse legislation.41 The prohibition aims to prevent legisla- tion that arbitrarily benefits a special class.42 [5,6] When th

12014–2014
Banks v. Heineman green
neb · 2013
1 sentence

2013We have held that the Legislature may reduce the limitation period for bringing a particular cause of action, but when it does so, it cannot make the new limitation period applicable to existing claims without allowing a rea- sonable time for parties to bring an action before such claims Nebraska Advance Sheets BANKS v. HEINEMAN 403 Cite as 286 Neb. 390 are absolutely barred by a new enactment.40 We examined one such provision in Macku v. Drackett Products Co.,41 which involved a legislative change in the limitation period appli- cable to product liability actions.

12013–2013
A. M. v. Mental Health Board of the 11th Judicial District neutral
scotus · 2011
2 sentences

2013Ed. 2d 214 . 10 See id. 11 See id. 12 See Hug, supra note 2 .

2013They also argue that the study did not show that rental properties were a problem or that any residential properties were dilapidated. [9] A court may review the legislative history of a statute or ordinance when considering a special legislation challenge.12 And La Vista’s 2000 study clearly played a role in its decision 6 See id. 7 See Hug, supra note 2 . 8 See Anthony, Inc., supra note 4. 9 See In re Interest of A.M., 281 Neb. 482 , 797 N.W.2d 233 (2011), cert. denied ___ U.S. ___, 132 S. Ct. 341 , 181 L.

12013–2013
Gourley Ex Rel. Gourley v. Nebraska Methodist Health System, Inc. green
neb · 2003
2 sentences

2009In making a special legislation analysis, "all reasonable intendments must be indulged to support the constitutionality of legislative acts, including classifications adopted by the Legislature." Id. at 943 , 663 N.W.2d at 68 .

2009In making a special legislation analysis, "all reasonable intendments must be indulged to support the constitutionality of legislative acts, including classifications adopted by the Legislature." Id. at 943 , 663 N.W.2d at 68 .

12009–2009
Haman v. Marsh green
neb · 1991
1 sentence

2004"In determining whether a class is closed, [a court] is not limited to the face of the legislation, but may consider the act's application." Haman v. Marsh, 237 Neb. at 717 , 467 N.W.2d at 849 .

12004–2004
City of Scottsbluff v. Tiemann green
neb · 1970
2 sentences

2004The issue you have asked us to consider is whether the requirement in AM2713 that ethanol producers receiving benefits under the Act must be producing at the rate of fifteen million gallons annually on or before October 1, 2004, to be eligible for incentives under contracts entered under the Employment and Investment Growth Act or the Invest Nebraska Act, establishes an improper "closed class." "[A] classification which limits the application of the law to a present condition, and leaves no room or opportunity for an increase in the numbers of the class by future growth or development, is spec

2004The issue you have asked us to consider is whether the requirement in AM2713 that ethanol producers receiving benefits under the Act must be producing at the rate of fifteen million gallons annually on or before October 1, 2004, to be eligible for incentives under contracts entered under the Employment and Investment Growth Act or the Invest Nebraska Act, establishes an improper "closed class." "[A] classification which limits the application of the law to a present condition, and leaves no room or opportunity for an increase in the numbers of the class by future growth or development, is spec

12004–2004
State ex rel. Conkling v. Kelso green
neb · 1912
2 sentences

2004The issue you have asked us to consider is whether the requirement in AM2713 that ethanol producers receiving benefits under the Act must be producing at the rate of fifteen million gallons annually on or before October 1, 2004, to be eligible for incentives under contracts entered under the Employment and Investment Growth Act or the Invest Nebraska Act, establishes an improper "closed class." "[A] classification which limits the application of the law to a present condition, and leaves no room or opportunity for an increase in the numbers of the class by future growth or development, is spec

2004The issue you have asked us to consider is whether the requirement in AM2713 that ethanol producers receiving benefits under the Act must be producing at the rate of fifteen million gallons annually on or before October 1, 2004, to be eligible for incentives under contracts entered under the Employment and Investment Growth Act or the Invest Nebraska Act, establishes an improper "closed class." "[A] classification which limits the application of the law to a present condition, and leaves no room or opportunity for an increase in the numbers of the class by future growth or development, is spec

12004–2004
Swanson v. State Department of Education green
neb · 1996
2 sentences

2003Haven, supra. See, also, Swanson v. State, 249 Neb. 466 , 544 N.W.2d 333 (1996); Stanton v. Mattson, 175 Neb. 767 , 123 N.W.2d 844 (1963).

2003Haven, supra. See, also, Swanson v. State, 249 Neb. 466 , 544 N.W.2d 333 (1996); Stanton v. Mattson, 175 Neb. 767 , 123 N.W.2d 844 (1963).

12003–2003
Big John's Billiards, Inc. v. Balka green
neb · 2000
2 sentences

2003See, e.g., Bergan Mercy Health Sys. v. Haven, supra; Big Johns Billiards v. Balka, 260 Neb. 702 , 619 N.W.2d 444 (2000); Haman v. Marsh, supra. We note that a special legislation analysis is similar to an equal protection analysis, and often the two are discussed together because, at times, both issues can be decided on the same facts.

2003See, e.g., Bergan Mercy Health Sys. v. Haven, supra; Big Johns Billiards v. Balka, 260 Neb. 702 , 619 N.W.2d 444 (2000); Haman v. Marsh, supra. We note that a special legislation analysis is similar to an equal protection analysis, and often the two are discussed together because, at times, both issues can be decided on the same facts.

12003–2003
Pfizer Inc. v. Lancaster County Board of Equalization green
neb · 2000
2 sentences

2003Id.

2003Id.

12003–2003
Stanton v. Mattson green
neb · 1963
2 sentences

2003Haven, supra. See, also, Swanson v. State, 249 Neb. 466 , 544 N.W.2d 333 (1996); Stanton v. Mattson, 175 Neb. 767 , 123 N.W.2d 844 (1963).

2003Haven, supra. See, also, Swanson v. State, 249 Neb. 466 , 544 N.W.2d 333 (1996); Stanton v. Mattson, 175 Neb. 767 , 123 N.W.2d 844 (1963).

12003–2003
Kalisek v. Abramson green
neb · 1999
2 sentences

2000State v. Cushman, 256 Neb. 335 , 589 N.W.2d 533 (1999); Kalisek v. Abramson, 257 Neb. 517 , 599 N.W.2d 834 (1999); Metropolitan Utilities Dist. v. Twin Platte NRD, 250 Neb. 442 , 550 N.W.2d 907 (1996); State ex rel.

2000State v. Cushman, 256 Neb. 335 , 589 N.W.2d 533 (1999); Kalisek v. Abramson, 257 Neb. 517 , 599 N.W.2d 834 (1999); Metropolitan Utilities Dist. v. Twin Platte NRD, 250 Neb. 442 , 550 N.W.2d 907 (1996); State ex rel.

12000–2000
State v. Cushman neutral
neb · 1999
2 sentences

2000State v. Cushman, 256 Neb. 335 , 589 N.W.2d 533 (1999); Kalisek v. Abramson, 257 Neb. 517 , 599 N.W.2d 834 (1999); Metropolitan Utilities Dist. v. Twin Platte NRD, 250 Neb. 442 , 550 N.W.2d 907 (1996); State ex rel.

2000State v. Cushman, 256 Neb. 335 , 589 N.W.2d 533 (1999); Kalisek v. Abramson, 257 Neb. 517 , 599 N.W.2d 834 (1999); Metropolitan Utilities Dist. v. Twin Platte NRD, 250 Neb. 442 , 550 N.W.2d 907 (1996); State ex rel.

12000–2000
Metropolitan Utilities District v. Twin Platte Natural Resources District green
neb · 1996
2 sentences

2000State v. Cushman, 256 Neb. 335 , 589 N.W.2d 533 (1999); Kalisek v. Abramson, 257 Neb. 517 , 599 N.W.2d 834 (1999); Metropolitan Utilities Dist. v. Twin Platte NRD, 250 Neb. 442 , 550 N.W.2d 907 (1996); State ex rel.

2000State v. Cushman, 256 Neb. 335 , 589 N.W.2d 533 (1999); Kalisek v. Abramson, 257 Neb. 517 , 599 N.W.2d 834 (1999); Metropolitan Utilities Dist. v. Twin Platte NRD, 250 Neb. 442 , 550 N.W.2d 907 (1996); State ex rel.

12000–2000

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 24-1106 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 117 (1978–2026) NE 16 (1992–2022) KY 9 (1994–2025) ME 7 (1978–2020) NJ 6 (1993–2026) AZ 4 (1986–1996) PA 3 (1975–2003) IA 3 (2022–2022) CO 3 (1990–2018) WA 2 (2000–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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