Nebraska Public Power District v. Hershey School District

The plaintiff, Nebraska Public Power District, a public corporation, brought this action against the defendant school districts seeking a declaratory judgment that Neb. Rev. Stat. § 79-1370 (Cum. Supp. 1980) is unconstitutional. The District Court for Lincoln County, Nebraska, found that § 79-1370 was unconstitutional and in violation of Neb. Const, art. VIII, § 11. The defendant school districts have appealed.

The plaintiff power district is a public corporation and a political subdivision of the State of Nebraska, and operates electrical generation and distribution systems within the State…