§ 25-21,245 Action involving public petition and participation; motion to dismiss; when granted; duty to expedite

Codes > Nebraska Revised Statutes > Chapter 25 > Article 21 : (BB) Public > 25-21,245 Action

25-21,245. Action involving public petition and participation; motion to dismiss; when granted; duty to expedite

    A motion to dismiss based on a failure to state a cause of action shall be granted when the moving party demonstrates that the action, claim, cross-claim, or counterclaim subject to the motion is an action involving public petition and participation unless the party responding to the motion demonstrates that the cause of action has a substantial basis in law or is supported by a substantial argument for an extension, modification, or reversal of existing law. The court shall expedite and grant preference in the hearing of such motion.