Becker v. Nebraska Accountability & Disclosure Commission

541 N.W.2d 36, 249 Neb. 28, 1995 Neb. LEXIS 245
CourtNebraska Supreme Court
DecidedDecember 22, 1995
DocketS-94-666
StatusPublished
Cited by56 cases

This text of 541 N.W.2d 36 (Becker v. Nebraska Accountability & Disclosure Commission) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Becker v. Nebraska Accountability & Disclosure Commission, 541 N.W.2d 36, 249 Neb. 28, 1995 Neb. LEXIS 245 (Neb. 1995).

Opinion

Wright, J.

Gordon M. Becker sought judicial review in Lancaster County District Court under the Administrative Procedure Act of a settlement agreement between the Nebraska Accountability and Disclosure Commission (Commission) and the University of Nebraska Board of Regents (Regents). The Lancaster County District Court dismissed Becker’s petition for lack of jurisdiction, the Nebraska Court of Appeals summarily affirmed the dismissal, and we granted further review.

SCOPE OF REVIEW

When a jurisdictional question does not involve a factual dispute, determination of a jurisdictional issue is a matter of law, which requires an appellate court to reach a conclusion independent from the trial court’s conclusion on the jurisdictional issue. Chrysler Corp. v. Lee Janssen Motor Co., 248 Neb. 281, 534 N.W.2d 568 (1995); K N Energy, Inc. v. Cities of Broken Bow et al., 248 Neb. 112, 532 N.W.2d 32 (1995).

Where the court from which an appeal was taken lacked jurisdiction, the appellate court acquires no jurisdiction. WBE Co. v. Papio-Missouri River Nat. Resources Dist., 247 Neb. 522, 529 N.W.2d 21 (1995).

*30 FACTS

Becker filed a number of complaints with the Commission in January and March 1993. On November 5, 1993, the Commission found “probable cause” that certain regents had used funds under their control to pay for travel and food expenses for their spouses in connection with the 1993 Orange Bowl, in violation of Neb. Rev. Stat. § 49-14,101(4) (Reissue 1993). The Commission also found “probable cause” that certain regents had failed to disclose gifts on financial disclosure statements in connection with the 1992 Coca-Cola Bowl in Japan, in violation of Neb. Rev. Stat. § 49-1496(2)(e) (Reissue 1988).

On March 11, 1994, the Commission approved a settlement agreement in which the Regents agreed that they would not use public funds to pay the expenses of their spouses to attend postseason bowl games. The Regents also agreed to disclose the name of the corporate sponsor who paid their travel expenses to the Coca-Cola Bowl in Japan. In return, the Commission agreed that it would cease further prosecution of the matters in connection with the 1993 Orange Bowl and the Coca-Cola Bowl in 1992, that no civil penalties would be assessed, and that no reimbursements would be required. The agreement was signed by the University of Nebraska’s general counsel, Richard Wood, and by the executive director of the Commission.

Becker filed an “Appeal of Decision of Nebraska Accountability and Disclosure Commission” on March 31, 1994, naming as defendants the Commission, the individual regents, and Wood. A summons was sent by certified mail directly to each defendant. No summons was sent to the Attorney General.

The Regents and Wood filed a demurrer asserting that Becker was not a party to the proceedings and that his petition failed to state facts sufficient to constitute a cause of action. The Commission filed a special appearance asserting that the district court lacked personal jurisdiction. In an order dated June 13, 1994, the district court found that since service of summons was not made on the Attorney General pursuant to Neb. Rev. Stat. § 25-510.02 (Reissue 1989) within 30 days after the filing of the petition, the district court was without jurisdiction in the matter. *31 In addition, the court found that Becker was not a person “aggrieved” pursuant to Neb. Rev. Stat. § 84-917 (Reissue 1994) and that he had no standing to seek judicial review of the action of the Commission. The district court sustained the Commission’s special appearance and the demurrer of the Regents and dismissed Becker’s petition. The Court of Appeals summarily affirmed.

ASSIGNMENTS OF ERROR

Summarized and restated, Becker asserts in his petition for further review that the Court of Appeals erred in granting summary affirmance and in dismissing the appeal for lack of jurisdiction because of improper service.

ANALYSIS

We first address whether the district court had personal jurisdiction over the Commission, the Regents, and Wood. When a jurisdictional question does not involve a factual dispute, determination of a jurisdictional issue is a matter of law, which requires an appellate court to reach a conclusion independent from the trial court’s conclusion on the jurisdictional issue. Chrysler Corp. v. Lee Janssen Motor Co., 248 Neb. 281, 534 N.W.2d 568 (1995); K N Energy, Inc. v. Cities of Broken Bow et al., 248 Neb. 112, 532 N.W.2d 32 (1995).

Personal jurisdiction is the power of a tribunal to subject and bind a particular entity to its decisions. Glass v. Nebraska Dept. of Motor Vehicles, 248 Neb. 501, 536 N.W.2d 344 (1995). While the lack of subject matter jurisdiction cannot be waived nor the existence of subject matter jurisdiction conferred by the consent or conduct of the parties, lack of personal jurisdiction may be waived and such jurisdiction conferred by the conduct of the parties. Id. One who invokes the power of the court on an issue other than the court’s jurisdiction over one’s person makes a general appearance so as to confer on the court personal jurisdiction over that person. Id.

Under § 25-510.02, service on a state or political subdivision, to be effective, may be done in one of four ways:

(1) by leaving summons at the Attorney General’s office with the Attorney General, (2) by leaving summons at the *32 Attorney General’s office with a deputy attorney general, (3) by leaving summons at the Attorney General’s office with someone designated in writing by the Attorney General to receive summons, or (4) by sending summons by certified mail addressed to the Attorney General’s office. All other forms of service in actions against the State of Nebraska or any of its political subdivisions are ineffectual.

Twiss v. Trautwein, 247 Neb. 535, 537, 529 N.W.2d 24, 26 (1995).

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541 N.W.2d 36, 249 Neb. 28, 1995 Neb. LEXIS 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/becker-v-nebraska-accountability-disclosure-commission-neb-1995.