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CITY OF FALLS CITY v. NEB. MUN. POWER POOL

No. S-10-458.

795 N.W.2d 256 (2011)

281 Neb. 230

CITY OF FALLS CITY, Nebraska, appellee and cross-appellee, v. NEBRASKA MUNICIPAL POWER POOL, a Nebraska nonprofit corporation, appellant, J. Gary Stauffer et al., appellees and cross-appellants, Central Plains Energy Project, appellee, and American Public Energy Agency, intervenor-appellee.

Supreme Court of Nebraska.

March 18, 2011.

Attorney(s) appearing for the Case

Daniel E. Klaus and David J.A. Bargen , of Rembolt Ludtke, L.L.P., Lincoln, for appellant.

James P. Fitzgerald and James G. Powers , of McGrath, North, Mullin & Kratz, P.C., L.L.O., Omaha, for appellees J. Gary Stauffer et al.

Robert W. Mullin and David S. Houghton , of Lieben, Whitted, Houghton, Slowiaczek & Cavanagh, P.C., L.L.O., Omaha, and Douglas E. Merz , of Weaver & Merz, Falls City, for appellee City of Falls City.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

STEPHAN, J.

This case is before us for the second time.1 In this appeal, we are asked to examine what costs a district court may tax and how they should be apportioned in a case involving multiple claims with differing resolutions.

FACTS AND PROCEDURAL BACKGROUND

In October 2006, the City of Falls City (Falls City) filed a complaint against the Nebraska Municipal Power Pool (NMPP), five individuals who were officers or...

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