(Download) "Eugene L. Robotham v. State Nebraska Et" by Supreme Court of Nebraska # eBook PDF Kindle ePub Free
eBook details
- Title: Eugene L. Robotham v. State Nebraska Et
- Author : Supreme Court of Nebraska
- Release Date : January 04, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Eugene L. Robotham, individually and as parent and next friend of Mark Lee Robotham, his 5-year-old son, brought this action
against the State of Nebraska and various officials thereof. Robotham sought a declaration that 1988 Neb. Laws, L.B. 428,
was unconstitutional in several respects, and also sought related injunctive relief. The district court found in favor of
the State and dismissed Robotham's petition. Robotham now appeals. An action to declare a statute unconstitutional "is more akin to relief through an equity action than to relief through a
law action." State v. Nebraska Assn. of Pub. Employees, 239 Neb. 653, 657, 477 N.W.2d 577, 581 (1991). "In an appeal of an
equity action, this court tries factual questions de novo on the record and reaches a Conclusion independent of the findings
of the trial court . . . ." Id. Where a declaratory judgment action presents questions of law, this court "has an obligation
to reach its Conclusion independent from the Conclusion reached by the trial court" with regard to these questions as well.
State Bd. of Ag. v. State Racing Comm., 239 Neb. 762, 767, 478 N.W.2d 270, 273 (1992).
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