State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-21_245

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. SourceLaws 1994, LB 665, § 5.