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The Nebraska Department of Revenue (the "Department") recently issued additional guidance on the nameplate capacity tax. The nameplate capacity tax is imposed on a facility that generates electricity using wind, solar, biomass, and landfill gas as a fuel source. The tax is $3,518 per megawatt of nameplate capacity. Tangible personal property...
The Nebraska Legislature's "LR 455 Committee" recently held two interim hearings on the development of solar energy in Nebraska and a newly created program to help businesses and homeowners finance improvements in energy efficiency without any upfront costs. The LR 455 Committee, co-chaired by Senator Tyson Larson of O'Neill and Senator...
Brush Creek Ranch, LLC v. Neb. Pub. Power Dist., Case No. CI16-2 (Dist. Ct. Thomas County 2016). Brush Creek Ranch, LLC (the "Ranch") owned property in Thomas County along the 225-mile route for the Nebraska Public Power District's ("NPPD") R-Project, a 345,000 volt transmission line connecting the Gerald Gentleman Station near...
City of Springfield v. City of Papillion, 294 Neb. 604 (2016). In 1995, Sarpy County identified certain land as an area of future growth and development for Springfield. Sarpy County took this action under the County Industrial Sewer Construction Act (the "Act"). In July, 2015, however, Papillion annexed some of the...
Malone v. City of Omaha, 294 Neb. 516 (2016). In 2011, the City of Omaha enacted Ordinance No. 39090 (the "Ordinance"), requiring contractors working in Omaha to obtain a license. John J. Malone, Sr. sued the City in 2013, challenging the City's authority to enact the Ordinance. The district court dismissed...

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