061308P.pdf   12/13/2006  Jim Jones  v.  John Gale
   U.S. Court of Appeals Case No:  06-1308
   District of Nebraska   
   [Arnold, Author, with Bye and Melloy, Circuit Judges]
   Civil case - Constitutional law. Initiative 300(Neb. Const. art.
   XII, 8) which places restrictions on corporate ownership of Nebraska
   farm and ranch land violates the dormant commerce clause of the U.S.
   Constitution, and the district court did not err in holding that the
   provision is unconstitutional; plaintiffs had standing to bring
   challenge; Initiative 300 is discriminatory on its face because it
   affords differential treatment of in-state and out-of-state economic
   interests that benefits the former and burdens the latter; in addition
   to possessing discriminatory effects, the Initiative is also is
   unconstitutional because it was adopted with a discriminatory intent
   and purpose; state of Nebraska failed to meet its burden of showing
   that the state could not advance a legitimate local interest without
   discriminating against non-resident farm corporations and limited
   partnerships; severing constitutional portions of the initiative
   amendment would not be consistent with Nebraska law as announced by
   the Nebraska Supreme Court, and the entire amendment must be declared
   unconstitutional.