HAHN v. NETH

No. S-04-560.

699 N.W.2d 32 (2005)

270 Neb. 164

Edward A. HAHN, appellee, v. Beverly NETH, director, State of Nebraska, Department of Motor Vehicles, appellant.

Supreme Court of Nebraska.

July 15, 2005.


Attorney(s) appearing for the Case

Jon Bruning, Attorney General, and Milissa Johnson-Wiles, Lincoln, for appellant.

David W. Jorgensen, of Nye, Hervert, Jorgensen & Watson, P.C., Kearney, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


STEPHAN, J.

In this appeal brought pursuant to the Administrative Procedure Act, the director of the Nebraska Department of Motor Vehicles appeals from a decision of the district court for Cheyenne County holding that the director lacked the authority to revoke the driver's license of Edward A. Hahn because of deficiencies in the arresting officer's sworn report. We affirm.

FACTS

On August 5, 2003, at approximately 11:30 p.m., Sgt. Dale Miller of...

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