Back in May, three Nebraska landowners filed suit against the state.
They claim several aspects of the Keystone XL Pipeline potentially passing through Nebraska are unconstitutional.
They go in front of judge Friday.
Lawyers tell 10/11 it boils down to LB 1161. It's a bill passed in the final hours of Nebraska's lawmakers' 2012 session that put review and approval of the state's route into the Governor's hands.
With the overwhelming majority voting in favor, it also gave Governor Heineman power of eminent domain, a key to getting private land the company would need to build the project.
Now, three landowners who live along that proposed path say that's not legal.
Court documents, listing the state's leader among the defendants, call the bill into question.
If a judge rules in favor the three plaintiffs, both supporters and opponents say it could send TransCanada temporarily back to the drawing board. But, they agree, that setback would likely be a few years and not permanent.
TransCanada says the company won't speculate on the outcome of the trial. They don't expect it to affect the State Department's pending decision.