Woodward v. Lahm

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Woodward v. Lahm

Case Number
S-15-0928
Call Date
December 7, 2016
Court Number
Buffalo
Case Summary

S-15-0928, Joel D. Woodward (Appellant) v. Rhonda K Lahm, Director, State of Nebraska, Department of Motor Vehicles.

District Court of Buffalo County, Hon. Kimberly Miller Pankonin

Attorneys: David W. Jorgensen (Nye, Hervert, Jorgensen & Watson, P.C.) ' Melissa Johnson-Wiles (Assistant Attorney General)

Civil: Revocation of commercial driver's license (CDL); vacated convictions.

Proceedings below: In March, 2015 Joel Woodward sent a letter to the State of Nebraska Department of Motor Vehicles (DMV) requesting that his CDL be reinstated. In April, Rhonda Lahm, Director of the DMV (Director), sent a reply letter denying Woodward's request, stating that no statutory authority permitted reinstatement. Woodward sought judicial review in the District Court of Buffalo County, which found: sovereign immunity barred Woodward's suit, the Director's letter was not a final appealable order, and Woodward was not entitled to relief on the merits.

Issues: 1. The District Court of Buffalo County, Nebraska erred in failing to set aside Woodward's lifetime disqualification and revocation of his commercial driver's license.

2. The District Court of Buffalo County, Nebraska erred by failing to enter an order requiring the Director to reissue Woodward's commercial driver's license.

3. The District Court of Buffalo County, Nebraska erred by finding that it did not have jurisdiction over Woodward's appeal.

4. The District Court of Buffalo County, Nebraska erred by finding that Woodward's appeal is barred by the doctrine of sovereign immunity.

5. The District Court of Buffalo County, Nebraska erred by finding that the decision of the Director not to reissue Woodward his commercial driver's license was not a final appealable order.