2006 Nebraska Revised Statutes - § 19-4616 — Repealed. Laws 2003, LB 790, s. 77.

Section 19-4616
Repealed. Laws 2003, LB 790, s. 77.

Annotations:

A municipal corporation in fixing rates to be charged by a public utility acts in a legislative rather than a judicial capacity, and there can be no appeal from legislative action; the proper method of questioning the validity of legislative action is by collateral attack, that is, by injunction, quo warranto, or other suitable equitable action. K N Energy, Inc. v. City of Scottsbluff, 233 Neb. 644, 447 N.W.2d 227 (1989).

A proceeding for judicial review of a rate ordinance under subsection (7) of this section, in the form of a suit to declare the rate ordinance invalid and enjoin the municipality from putting it into effect, is a suit in equity in which the validity of the rate is the proper subject of a full hearing de novo in the district court. K N Energy, Inc. v. City of Scottsbluff, 233 Neb. 644, 447 N.W.2d 227 (1989).

The validity of a legislative act from which there is no appeal is subject to judicial review through a collateral attack which is the judicial review contemplated by the act, and the only type of judicial review that could be provided by the act. K N Energy, Inc. v. City of Scottsbluff, 233 Neb. 644, 447 N.W.2d 227 (1989).

~Revised Statutes Cumulative Supplement, 2006