Neb. Rev. Stat. » Chapter 25

Neb. Rev. Stat. § 25-510.02

Service on state or political subdivision

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(1) The State of Nebraska, any state agency as defined in section 81-8,210, and any employee of the state as defined in section 81-8,210 sued in an official capacity may be served by leaving the summons at the office of the Attorney General with the Attorney General, deputy attorney general, or someone designated in writing by the Attorney General, or by certified mail or designated delivery service addressed to the office of the Attorney General.

(2) Any county, city, or village of this state may be served by personal, residence, certified mail, or designated delivery service upon the chief executive officer or clerk.

(3) Any political subdivision of this state, as defined in subdivision (1) of section 13-903, other than a county, city, or village, may be served by personal, residence, certified mail, or designated delivery service upon the chief executive officer, clerk, secretary, or other official whose duty it is to maintain the official records, or any member of the governing board or body, or by certified mail or designated delivery service to the principal office of the political subdivision.

Notes of Decisions
Cited in 84 cases (55 in the last 5 years), 1985–2026 · leading case: Omaha Expo. & Racing v. Nebraska State Racing Comm.
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Omaha Expo. & Racing v. Nebraska State Racing Comm. (2020) neb · cites it 13× “18 Section 84-917(2)(a)(i) states that judicial review “shall be instituted by filing a petition in the district court .”
Hilt v. Douglas Cty. Bd. of Equal. (2021) nebctapp · cites it 32× “This court lacks subject matter jurisdiction over Hilt’s petition for review, because he failed to have summons served upon the county clerk as required by Neb. Rev. Stat. § 25-510.02 (2) (Reissue 2016).”
Candyland, LLC v. Nebraska Liquor Control Comm. (2020) neb · cites it 11× “If the agency whose decision is appealed from is not a party of record, the petitioner shall serve a copy of the petition and a request for preparation of the official record upon the agency within thirty days of the filing of the petition.”
Becker v. Nebraska Accountability & Disclosure Commission (1995) neb · cites it 7× “In an order dated June 13, 1994, the district court found that since service of summons was not made on the Attorney General pursuant to Neb. Rev. Stat. § 25-510.02 (Reissue 1989) within 30 days after the filing of the petition, the district court was without jurisdiction in the…”
Glass v. NEB. DEPT. OF MOTOR VEHICLES (1995) neb · cites it 7× “Neb.Rev.Stat. § 25-510.02 (Reissue 1989) states that the "State of Nebraska [and] any state agency .”
Holmstedt v. York County Jail Supervisor (2008) neb · cites it 3× “" In order to sue the individuals in their official capacities, and thereby to sue York County, Holmstedt was required to make service on York County in compliance with § 25-510.”
Anthony K. v. State (2014) neb · cites it 5× “It concluded that the plain- tiffs were required to send a summons for DHHS and each Nebraska Advance Sheets 530 289 NEBRASKA REPORTS of the DHHS employees to the Attorney General in order to gain jurisdiction over them as required by Neb. Rev. Stat. § 25-510.02 (Cum. Supp.…”
County of Hitchcock v. Barger (2008) neb · cites it 7× “The County relies on Neb.Rev.Stat. § 25-510.02(2) (Reissue 1995) to argue that the proper party to receive notice was the Hitchcock County clerk or chief executive officer.”
Ray v. Nebraska Crime Victim's Reparations Committee (1992) nebctapp · cites it 14× “General, filed a special appearance, asserting that service on the committee is tantamount to service on a state agency and that service upon a state agency can be accomplished only by serving the Attorney General, pursuant to Neb. Rev. Stat. § 25-510.02 (Reissue 1989).”
Beatrice Manor, Inc. v. Department of Health (1985) neb · cites it 2× “447, now Neb. Rev. Stat. § 25-510.02 (Cum. Supp. 1984), which provides for service of summons on the Attorney General in all cases in which the state may be made a party.”
Parsons v. McCann (2015) ned · cites it 2× “Neb.Rev.Stat. § 25-510.02(2) (Westlaw 2015) (“[a]ny county, city, or village of this state may be served by personal, residence, certified mail, or designated delivery service upon the chief executive officer or clerk”).”
Meyer v. Lincoln Police Department (2004) ned · cites it 2× “Neb. Rev. Stat § 25-510.02(2) and (3)(1995) provides: (2) Any county, city, or village of this state may be served by personal, residence, or certified mail service upon the chief executive officer, or clerk.”
Show all 84 citing cases →
— Neb. Rev. Stat. § 25-510.02(1) — 4 cases
Glass v. NEB. DEPT. OF MOTOR VEHICLES (1995) neb “Neb.Rev.Stat. § 25-510.02 (Reissue 1989) states that the "State of Nebraska [and] any state agency .”
Hilt v. Douglas Cty. Bd. of Equal. (2021) nebctapp “This court lacks subject matter jurisdiction over Hilt’s petition for review, because he failed to have summons served upon the county clerk as required by Neb. Rev. Stat. § 25-510.02 (2) (Reissue 2016).”
Ray v. Nebraska Crime Victim's Reparations Committee (1992) nebctapp “General, filed a special appearance, asserting that service on the committee is tantamount to service on a state agency and that service upon a state agency can be accomplished only by serving the Attorney General, pursuant to Neb. Rev. Stat. § 25-510.02 (Reissue 1989).”
Widtfeldt v. HOLT COUNTY BD. OF EQUAL. (2004) nebctapp
— Neb. Rev. Stat. § 25-510.02(2) — 9 cases
Hilt v. Douglas Cty. Bd. of Equal. (2021) nebctapp “This court lacks subject matter jurisdiction over Hilt’s petition for review, because he failed to have summons served upon the county clerk as required by Neb. Rev. Stat. § 25-510.02 (2) (Reissue 2016).”
County of Hitchcock v. Barger (2008) neb “The County relies on Neb.Rev.Stat. § 25-510.02(2) (Reissue 1995) to argue that the proper party to receive notice was the Hitchcock County clerk or chief executive officer.”
Parsons v. McCann (2015) ned “Neb.Rev.Stat. § 25-510.02(2) (Westlaw 2015) (“[a]ny county, city, or village of this state may be served by personal, residence, certified mail, or designated delivery service upon the chief executive officer or clerk”).”
Meyer v. Lincoln Police Department (2004) ned “Neb. Rev. Stat § 25-510.02(2) and (3)(1995) provides: (2) Any county, city, or village of this state may be served by personal, residence, or certified mail service upon the chief executive officer, or clerk.”
Holmstedt v. York County Jail Supervisor (2008) neb “" In order to sue the individuals in their official capacities, and thereby to sue York County, Holmstedt was required to make service on York County in compliance with § 25-510.”
— Neb. Rev. Stat. § 25-510.02(3) — 4 cases
Hilt v. Douglas Cty. Bd. of Equal. (2021) nebctapp “This court lacks subject matter jurisdiction over Hilt’s petition for review, because he failed to have summons served upon the county clerk as required by Neb. Rev. Stat. § 25-510.02 (2) (Reissue 2016).”
SID No. 424 v. Tristar Mgmt. (2014) neb
Widtfeldt v. Holt County Board of Equalization (2004) nebctapp
Widtfeldt v. HOLT COUNTY BD. OF EQUAL. (2004) nebctapp
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