Nebraska Supreme Court

Uhrich & Brown Ltd. Part. v. Middle Republican NRD

December 15, 2023315 Neb. 596

Summary

The Nebraska Supreme Court affirmed the district court’s order, holding that the district court correctly applied a de novo review and that the Natural Resources District’s attorneys, by serving both as prosecutors and participants in the Board’s adjudicative decisionmaking, created a risk of bias intolerably high under due process, constituting structural error requiring reversal of the Board’s resolutions.