JOHNSON v. NEBRASKA ENV. CONTROL COUNCIL

No. A-91-1174.

509 N.W.2d 21 (1993)

2 Neb.App. 263

Kenneth JOHNSON, Appellant, v. NEBRASKA ENVIRONMENTAL CONTROL COUNCIL and Nebraska Department of Environmental Control, Appellees, and Waste-Tech Services, Inc., Intervenor-Appellee.

Court of Appeals of Nebraska.

November 30, 1993.


Attorney(s) appearing for the Case

Patricia A. Knapp of Bailey, Polsky, Cope, Wood & Knapp, Lincoln, for appellant.

Don Stenberg, Atty. Gen. and Linda L. Willard, Lincoln, for appellees.

Mark A. Christensen of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, Marcus L. Squarrell and Robert F. Copple of Parcel, Mauro, Hultin & Spaanstra, P.C., and Ruth Brammer Johnson, Denver, CO, for intervenor-appellee.

CONNOLLY, HANNON, and MILLER-LERMAN, JJ.


HANNON, Judge.

The plaintiff, Kenneth Johnson, brought this declaratory judgment action against the Nebraska Environmental Control Council (Council) under Neb.Rev.Stat. § 84-911 (Reissue 1987) to challenge the validity of an amendment to the Council's rules and regulations, which amendment was promulgated by the Council. The challenged amendment was adopted after the intervenor, Waste-Tech Services, Inc. (Waste-Tech), petitioned the Council for a rule change...

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