Clemens v. Harvey

The appellants, Crystal Clemens, Garaline Ashley, Charlene Carriker, and Christine Perault, brought a declaratory action as a class of individuals challenging the revision by the Nebraska Department of Social Services (DSS) of a regulation which terminated their eligibility for a medical assistance program. The action was submitted to the Lancaster County District Court for trial on a stipulation of facts, and the district court dismissed the petition. We granted the appellants’ petition to bypass the Nebraska Court of Appeals.

SCOPE OF REVIEW

In reviewing an equity action for a declaratory…