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OMAHA PUB. POWER DIST. v. DEPT. OF REV.

No. S-93-1100.

537 N.W.2d 312 (1995)

248 Neb. 518

OMAHA PUBLIC POWER DISTRICT, a Nebraska Political Subdivision, Appellee, v. NEBRASKA DEPARTMENT OF REVENUE and M. Berri Balka, Tax Commissioner, Appellants. NEBRASKA PUBLIC POWER DISTRICT, a Nebraska Public Corporation and Political Subdivision, Appellee, v. NEBRASKA DEPARTMENT OF REVENUE and M. Berri Balka, Tax Commissioner, Appellants.

Supreme Court of Nebraska.

September 8, 1995.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and L. Jay Bartel, Lincoln, for appellants.

Norman H. Wright and Michael J. Mooney, of Fraser, Stryker, Vaughn, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellee Omaha Public Power District.

Robert A. Green, Columbus, for appellee Nebraska Public Power District.

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

WRIGHT, Justice.

Omaha Public Power District (OPPD) and Nebraska Public Power District (NPPD) filed claims for tax credits under the Employment Expansion and Investment Incentive Act (the Act). The state Tax Commissioner (Commissioner) denied the claims. On appeal, the district court for Lancaster County reversed the orders of the Commissioner and remanded the matters for a determination of the amount of credits, if any, to which OPPD and NPPD might be entitled. The...

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