Sanitary and Improvement District No. 67 of Sarpy County, Nebraska v. State of Nebraska Department of Roads and Sarpy County, Nebraska

Summary

The Nebraska Supreme Court affirmed dismissal of an inverse condemnation action brought by Sanitary and Improvement District No. 67 against the Nebraska Department of Roads and Sarpy County. The court held that the sanitary and improvement district, as a political subdivision of Nebraska, was not a person holding private property for purposes of a takings claim against the State and therefore was not the real party in interest. The court also held that the defendants’ standing challenge was facial because it was raised at the pleadings stage without an evidentiary hearing or consideration of evidence outside the pleadings.

Holdings

1. Because the standing challenge was made at the pleadings stage before an evidentiary hearing and before admission of evidence outside the pleadings, it was a facial challenge. SID No. 67 therefore had to establish standing through adequate factual allegations in its pleadings and was not entitled to offer or require consideration of extrinsic evidence.
2. A sanitary and improvement district, as a political subdivision of Nebraska, is not a person having private property for purposes of the federal or Nebraska takings clauses and therefore is not the real party in interest in an inverse condemnation action against the State. The district consequently lacks standing to bring such an action.

Questions Presented

1. Whether the district court erred by refusing to consider evidence offered in opposition to a motion challenging SID No. 67's standing.
2. Whether SID No. 67 was the real party in interest and had standing to bring an inverse condemnation action against the State for alleged taking or damaging of the district's property.

Disposition

affirmed