fact that the agency hearing (Nebraska) · Go Syfert
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fact that the agency hearing in Nebraska

11 Nebraska opinions name it 2 courts 1988–2023 3 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 (3)

CaseFollowedCited
Department of Health v. Lutheran Hospitals & Homes Societygreen
neb · 1987 · cited in 2 Nebraska opinions naming this issue, 1988–1988
2 sentences

1988As stated in Department of Health v. Lutheran Hosp. & Homes Soc., 227 Neb. 116, 117 , 416 N.W.2d 222, 223 (1987), a de novo review “does not mean that we ignore the findings of fact made by the board and the fact that it saw and heard the witnesses who appeared before the board at its hearing.” Appellant, in her brief, contends that the director could not have determined that an emergency existed and was attempting to deny appellant “the rights and procedures” granted by subsection (1) of § 71-1915.

1988As stated in Department of Health v. Lutheran Hosp. & Homes Soc., 227 Neb. 116, 117 , 416 N.W.2d 222, 223 (1987), a de novo review “does not mean that we ignore the findings of fact made by the board and the fact that it saw and heard the witnesses who appeared before the board at its hearing.” Appellant, in her brief, contends that the director could not have determined that an emergency existed and was attempting to deny appellant “the rights and procedures” granted by subsection (1) of § 71-1915.

22
Transcanada Keystone Pipeline, LP v. Dunavan (In Re Application No. Op-0003)green
neb · 2019 · cited in 5 Nebraska opinions naming this issue, 2019–2022
2 sentences

2020In re Application No. OP-0003, 303 Neb. 872 , 932 N.W.2d 653 (2019); In re Application No. C-4981, supra. Where the evidence is in conflict, the appellate court -3- will consider and may give weight to the fact that the agency hearing examiner observed the witnesses and accepted one version of the facts rather than another.

2020In re Application No. OP-0003, 303 Neb. 872 , 932 N.W.2d 653 (2019); In re Application No. C-4981, supra. Where the evidence is in conflict, the appellate court -3- will consider and may give weight to the fact that the agency hearing examiner observed the witnesses and accepted one version of the facts rather than another.

15
Dieter v. STATE, DEPT. OF SOCIAL SERVICESgreen
neb · 1988 · cited in 3 Nebraska opinions naming this issue, 1994–1997
2 sentences

1997See Dieter v. State, 228 Neb. 368 , 422 N.W.2d 560 (1988) (review of administrative proceeding by Supreme Court de novo on record).

1997See Dieter v. State, 228 Neb. 368 , 422 N.W.2d 560 (1988) (review of administrative proceeding by Supreme Court de novo on record).

13

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 (1)

CaseCitedYears
In re Claims Against Banghart Properties neutral
nebctapp · 2023
1 sentence

2023Id. - 176 - Nebraska Court of Appeals Advance Sheets 32 Nebraska Appellate Reports IN RE CLAIMS AGAINST BANGHART PROPERTIES Cite as 32 Neb.

12023–2023

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 75-136 (6) NE § Neb. Rev. Stat. § 71-1915 (4) NE § Neb. Rev. Stat. § 84-917 (4) NE § Neb. Rev. Stat. § 84-918 (4)

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.

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