WINTER v. DEPARTMENT OF MOTOR VEHICLES

No. S-98-704.

594 N.W.2d 642 (1999)

257 Neb. 28

Matthew R. WINTER, appellee, v. DEPARTMENT OF MOTOR VEHICLES, appellant.

Supreme Court of Nebraska.

May 28, 1999.


Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and Terri M. Weeks, Lincoln, for appellant.

Todd D. Wilson, Deputy Gosper County Attorney, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


CONNOLLY, J.

We granted the petition to bypass of the appellant, Department of Motor Vehicles (Department), to determine whether the district court had the authority to order an award of attorney fees to the Gosper County Attorney. We conclude that the representation of the Department in appeals from administrative license revocation hearings is not an ordinary duty of the Gosper County Attorney and, thus, that the district court was authorized to award attorney fees...

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