2022 Nebraska Revised Statutes
Chapter 70 - Power Districts and Corporations
70-1327 - Appellate court; trial; de novo on the record.
70-1327. Appellate court; trial; de novo on the record.
Trial in the appellate court shall be de novo on the record. Such case shall be advanced in the same manner as other causes which involve the public welfare and convenience and shall be set for an early hearing.
Source
- Laws 1979, LB 207, § 27;
- Laws 1991, LB 732, § 126.
Annotations
Despite de novo review, when credible evidence is in conflict on material issues of fact, the appellate court will consider and may give weight to the fact that the arbitration board under section 70-1301 et seq. observed the witnesses and accepted one version of the facts over another. In re Application of Northeast Neb. Pub. Power Dist., 300 Neb. 237, 912 N.W.2d 884 (2018).
On an appeal from the decision of an arbitration board convened under section 70-1301 et seq., trial in the appellate court is de novo on the record. In re Application of Northeast Neb. Pub. Power Dist., 300 Neb. 237, 912 N.W.2d 884 (2018).
