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CALLAN v. BALKA

No. S-94-354.

536 N.W.2d 47 (1995)

248 Neb. 469

Clair CALLAN, Appellant, v. M. Berri BALKA, State Tax Commissioner, Appellee.

Supreme Court of Nebraska.

August 11, 1995.

Attorney(s) appearing for the Case

Joseph M. Casson, Fairbury, for appellant.

Don Stenberg, Atty. Gen., and L. Steven Grasz, Lincoln, for appellee.

Robert T. Grimit and David D. Zwart, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for amici curiae American Corn Growers Assoc. et al.

WHITE, C.J., CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ., and BUCKLEY, District Judge.

WRIGHT, Justice.

Clair Callan filed a petition for declaratory and injunctive relief, seeking a determination that the ethanol tax credit provisions of Neb. Rev.Stat. §§ 66-1326 and 66-1329 (Cum. Supp.1992) are in violation of article XIII, § 3, of the Nebraska Constitution. The district court granted summary judgment, and Callan appeals.

SCOPE OF REVIEW

The constitutionality of a statute is a question of law, and the Supreme Court...

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