COALITION FOR EDUC. EQUITY v. HEINEMAN

No. S-05-1357.

731 N.W.2d 164 (2007)

273 Neb. 531

The NEBRASKA COALITION FOR EDUCATIONAL EQUITY AND ADEQUACY (COALITION), on its own behalf and on behalf of its members, et al., appellants and cross-appellees, v. David HEINEMAN, in his official capacity as Governor of the State of Nebraska, et al., appellees and cross-appellants.

Supreme Court of Nebraska.

May 11, 2007.


Attorney(s) appearing for the Case

Robert V. Broom, Omaha, of Broom, Johnson, Clarkson & Lanphier, and David C. Long for appellants.

Jon Bruning, Attorney General, Dale A. Comer, Charles E. Lowe, and Leslie S. Donley, and Mark C. Laughlin, Michael L. Schleich, and Timothy J. Thalken, of Fraser, Stryker, Meusey, Olson, Boyer & Bloch, P.C., for appellees.

David M. Pedersen, Jill Robb Ackerman, and Elizabeth Eynon-Kokrda, of Baird Holm L.L.P., Omaha, for amici curiae Douglas County School District 0001 et al.

Rebecca L. Gould for amici curiae Joseph E. Lutjeharms et al.

Jeffery R. Kirkpatrick, of McHenry, Haszard, Hansen, Roth & Hupp, P.C., L.L.O., for amici curiae Nebraska Farmers Union and The South Platte United Chambers of Commerce.

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


CONNOLLY, J.

This appeal presents a constitutional challenge to Nebraska's education funding system. The Nebraska Coalition for Educational Equity and Adequacy and other plaintiffs (collectively the Coalition) filed a declaratory judgment action. It alleged that the funding system does not provide sufficient funds for an "adequate" and "quality" education. It further alleged the funding inadequacy violates the free instruction and religious freedom clauses of the...

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