Administrative Law; Administrative Appeals
Erickson | Sederstrom attorneys have years of experience in working through complex regulatory matters at the federal, state and local levels. Our attorneys can provide advice to both public and private clients on a full range of regulatory issues from land use and municipal law to liquor licensing and utility regulation. Erickson | Sederstrom attorneys can provide assistance to public entities in the development of regulations, ordinances, and procedures, as well as provide private parties assistance in the interpretation and application of laws, codes and regulations to their particular circumstances.
Division members have represented clients before the Nebraska Liquor Control Commission on both licensing and enforcement proceedings; the Nebraska Power Review Board on matters relating to approvals and authorizations; the Nebraska and Federal Equal Opportunity Commissions on matters involving allegations of discrimination; the Nebraska Public Service Commission on matters involving applications for certificates of necessity in the areas of telecommunications and electric line approvals; applications and other proceedings before various municipal and county governing bodies and planning boards relating to zoning approvals, subdivision issues, waivers, variances, and exceptions; proceedings before local boards of assessments and the Nebraska Tax Equalization and Review Commission relating to property valuations for taxation purposes; proceedings before the Nebraska Department of Health and Human Services relating to licensing and enforcement proceedings.
Attorneys in our Governmental Relations Division have represented clients on administrative appeals ranging from professional licensure applications and disciplinary proceedings to liquor license applications to contested cases under the Administrative Procedures Act. We have provided representation both at the agency level and in subsequent appeals to the district court, the Court of Appeals and the Supreme Court. Our attorneys have also provided representation to clients on appeals to local boards and commissions, including zoning boards of appeal, county and city personnel boards, and county boards of equalization.
Municipal Law; Representation of Governmental Entities
Erickson | Sederstrom attorneys have a wealth of experience in matters relating to municipal law, including representation of local governmental entities, as well as representation of private parties in lobbying local governments, working through local laws and regulations to reach the client’s goals, or providing representation before local boards and commissions. Division members have provided representation and legal advice both as general counsel and special counsel to various cities, villages, county boards, airport authorities, administrative boards and commissions and other governmental entities on a wide range of issues, including public records matters, open meetings matters, contracting, tort claims, drafting of legislation, contracts and other documents, permit and licensing applications, and interpretations of local, state and federal ordinances, laws and regulations. Some representative clients of the firm include the City of Lincoln, the Village of Palmyra, the Village of Bennet, the Village of Douglas, the Village of Eagle, Lincoln Airport Authority, the Minden Airport Authority, Lancaster County Agricultural Society, Rural Water District No. 1 of Lancaster County, Rural Water District No. 3 of Otoe County, and Sanitary and Improvement District No. 2 of Lancaster County. Our attorneys have also successfully provided representation to private parties before various boards of zoning appeal, planning commissions, city councils and village boards and in appeals from adverse local determinations.
Division members have assisted governmental entities and private parties on matters relating to requests for proposals issued by governmental entities for purchases and acquisitions; negotiations on government contracts; and drafting of contract documents. Division members have also provided advice and representation on matters and proceedings relating to the interpretation of contract documents, and in administrative and judicial proceedings on contract issues under the State Contract Claims Act and similar statutes.
Members of the Governmental Relations Division have represented electric utilities, sanitary and improvement districts, cable communications companies, as well as various municipal utilities, and have provided representation and handled both permit issues and appeals before the Public Service Commission and the Power Review Board.
Permits and Approvals
Members of the Governmental Relations Division have handled applications for permits, licenses, and approvals in the areas of zoning and land use, professional licensure, liquor regulation, and utility approvals to name but a few. Our attorneys assist in all phases of the application process, from the inception on through hearings and, if necessary, judicial appeals.
Various of the attorneys in our Governmental Relations Division are well versed in the field of eminent domain. We have extensive background in representing both condemners and condemnees, and can provide assistance to any level of government seeking to exercise its power of eminent domain. We can provide advice on the necessary preconditions to the exercise of the power of eminent domain, good faith negotiations, representation before the county board of appraisers, as well as handling subsequent jury trials on appeals to the district court and subsequent appeals to the Court of Appeals or the Nebraska Supreme Court. From the standpoint of a landowner, our attorneys can provide advice on their rights in the event of a prospective taking, and can assist in the preparation for taking and representation of the landowner before the board of appraisers and in any subsequent appeals. Division members have also provided representation in inverse condemnations and cases involving regulatory takings, and issues relating to real estate acquisition and relocation assistance, and proceedings antecedent to formal acquisition, including negotiations between the parties on the issue of fair market value.
The members of the Governmental Relations Division are well qualified to assist either private or public parties in litigation involving matters of public concern or adverse governmental action, including open meetings issues; public records demands; challenges to the constitutionality of laws, regulations or governmental actions; tort claims; and contract disputes with governmental entities.
Erickson | Sederstrom attorneys are knowledgeable in the area of the State Tort Claims Act and the Political Subdivisions Tort Claims Act and can provide advice and assistance in the presentation and handling of tort claims before the state and its political subdivisions.
Erickson | Sederstrom attorneys can provide assistance to property owners seeking representation on tax assessment matters requiring presentations before referees, boards of equalization, and the Tax Equalization and Review Commission.
Members of the Governmental Relations Division have particular expertise in assisting health care providers with issues regarding authorization, contract claims, and reimbursements under Medicare and Medicaid rules and regulations.
Health and Human Services Licensure, Regulation and Appeals
Members of the Governmental Relations Division can provide assistance and representation on issues ranging from professional licensure, contracting with the Department of Health and Human Services, and professional disciplinary proceedings.
Land Use Regulatory Matters
Erickson | Sederstrom attorneys can provide assistance to property owners, builders and developers working their way through the regulatory maze of obtaining zoning approval, subdivision approvals, special permits, building permits and related appeals to the various zoning boards of appeal and boards of adjustment, as well as providing assistance in litigation on land use matters.
Lobbying and Association Management Services
Kissel/E&S Associates - Established in 1994, Kissel/E&S Associates provides lobbying and association management services to its clients. Kissel/E&S draws on the experience and expertise of the attorneys of Erickson | Sederstrom, as well as Joe Kohou who are partners with Gordon Kissel.
Kissel/E&S Associates is headquartered in Lincoln and provides representation before the Nebraska Legislature. Kissel/E&S Associates is also affiliated with the Multistate Association and the Advocacy Group. These affiliations allow exclusive access to a national resources center for legislative research, which can quickly provide valuable information on proposed legislation and existing laws in each state. This exchange of information is a powerful resource to clients of Kissel/E&S Associates because it offers insights into current state and federal legislative trends. This type of service is essential in today’s changing world of public policy and governmental regulation.
[For a more detailed look at services provided, visit www.kisseles.com
State Capital Group
To learn more about the State Capital Group, go to www.statecapitalgroup.org
U.S. Supreme Court Upholds Affordable Care Act’s Tax Credits – ACA Unchanged for Employers
The Affordable Care Act’s tax credits were upheld by the U.S. Supreme Court, ending one of the last remaining constitutional challenges to the ACA.
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Medical Disclosures Relating to Pilots After Germanwings Flight 9525
A seemingly suicidal German commercial pilot intentionally crashed a commercial airliner. Could healthcare providers in the United States reveal patient information if one of their patients was a potentially suicidal pilot?
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Proposed Medicare Amendment Would Change Reimbursement for Air Medical Services.
Citing a “fundamental imbalance” within air ambulance reimbursement schedules, H.R. 822 proposes an amendment to Medicare that would require air ambulance service providers to report actual annual cost data in order to create more accurate reimbursement rates.
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U.S. House of Representatives Lawsuit Over ACA Does Not Seek ACA Repeal
Contrary to popular belief, a recently filed lawsuit by the U.S. House of Representatives does not seek Affordable Care Act repeal. Instead, the lawsuit disputes certain Affordable Care Act expenditures and delays.
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The Supreme Court Decides What is a Final Appealable Order in Workers' Compensation Cases
Without a determination of benefits, an Award that merely finds compensability or rejects a defense is not a final appealable order in workers’ compensation cases.
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Why can’t I recover attorney’s fees in Nebraska even when my contract says I can?
Nebraskan courts will generally refuse to enforce contractual allocations of attorney’s fees. While Nebraska’s position is in the minority, there are instances where contractual provisions of attorney’s fees are enforceable.
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Legal Game of Skill vs. Illegal Gambling Device. The legal standard in Nebraska is reaffirmed.
The Nebraska Supreme Court reaffirms that gaming devices that are predominantly skill based are not gambling devices even if a player “wins” more than what they paid to play.
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Kissel/ES Helps the city LaVista, NE Pass LB1018
Working with members of the Legislature, the office of the Governor, national consultants and local municipalities, Kissel/ES Associates representing the United Cities of Sarpy County, created a package known as the Nebraska Advantage Transformational Tourism and Redevelopment Act.
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Kissel/ES helps West Corp. Secure 1000 Training Grants
In an effort to create 1000 jobs in Nebraska, Kissel/ES worked with the Legislature, the Department of Economic Development and the Office of the Governor, created a mechanism to allow West Corp. access to job training grants.
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Kissel/ES Associates & Ralston Public Schools Work To Insure State Aid Formula is Fair to All
Kissel/ES Associates, representing Ralston Public Schools, worked in a cooperative manner with other school districts and with the Legislature to ensure that changes to the state aid formula are fair to all districts throughout the state.
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