Saturday, September 19, 2009

Nebraska Supreme Court affirms Seward County District Court's dismissal of landowner's suit for lacking standing against the Nebraska Game and Parks Commission in which plaintiff tried to force the Game and Parks Commission to halt power line construction over the Twin Lakes Recreation Area. State ex rel. Reed v. State, S-08-1261, 278 Neb. 564. A proposed power line project over the Twin Lakes area would allegedly disturb the livelihood of the the Western Prairie Fringed Orchid, which has been identified as a "threatened and/or endangered species" by the U.S. Department of the Interior and the State of Nebraska. Plaintiff sought to impose upon NGPC his opinions regarding the administration of the state’s wildlife management areas. By law, NGPC is charged with this responsibility. See § 37-336. Plaintiff's claim that NGPC has breached its duties does not give Plaintiff the right to seek relief in the courts. Such concerns are better left to the policy decisions of the legislative and executive branches. Certainly, the public has a right to influence NGPC’s policies regarding the administration of the state’s wildlife management areas. However, the mechanism for doing so is through our representative form of government, and not through the courts. See Ritchhart v. Daub, 256 Neb. 801, 594 N.W.2d 288 (1999). Plaintiff has not shown that he has standing to bring the action."

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