(Download) "State Nebraska Ex Rel. Robert M. Spire v." by Supreme Court of Nebraska ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Nebraska Ex Rel. Robert M. Spire v.
- Author : Supreme Court of Nebraska
- Release Date : January 01, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
The Attorney General of the State of Nebraska, as relator, brought a declaratory judgment action in the district court for
Lancaster County to have 1986 Neb. Laws, L.B. 835 (the act), now codified as Neb. Rev. Stat. §§ 86-801
et seq. (Reissue 1987), declared unconstitutional on a number of grounds. The respondents, Northwestern Bell Telephone Company
(NWB), Lincoln Telephone and Telegraph Company (LT&T), and AT&T Communications of the Midwest, Inc. (AT&T),
which have litigable interests in the validity of the challenged act, contended that L.B. 835 was constitutional in all the
provisions challenged by the Attorney General. The district court declared that L.B. 835 is "valid, constitutional, validly
enacted and of lawful force and effect." The Attorney General appeals, assigning as error the district court's (1) failure to hold that L.B. 835 unconstitutionally
divests the Nebraska Public Service Commission (PSC) of its regulatory authority, granted in Neb. Const. art. IV, §
20, over telecommunications companies; (2) erroneous Conclusion that L.B. 835 constituted valid "specific legislation" under
Neb. Const. art. IV, § 20; (3) erroneous Conclusion that telephone subscribers are not entitled to procedural due
process in connection with telephone rate review proceedings conducted pursuant to L.B. 835; (4) erroneous Conclusion that
L.B. 835 contains adequate due process safeguards for telephone subscribers, assuming that subscribers are entitled to such
protection; and (5) erroneous Conclusion that the legislatively expressed goals of L.B. 835 may be fulfilled as a valid exercise
of the state's police power.
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