Neun v. Ewing

At a public tax sale, Appellants’ property was sold to Anne Determan, who subsequently obtained a tax sale certificate for the property. Appellants attempted to redeem their property in the manner prescribed by Neb. Rev. Stat. 77-1824. Appellants were advised by both the Douglas County Treasurer and Determan that the only avenue of redemption available to them was Neb. Rev. Stat. 77-1917. Unlike section 77-1824, section 77-1917 required payment of costs and attorney fees. Appellants petitioned the district court for a writ of mandamus ordering the Treasurer and Determan to accept redemption of the property pursuant to section 77-1824. The district court entered judgment in favor of the Treasurer and sustained Determan’s motion to dismiss for failure to state a claim, concluding (1) once Determan filed a foreclosure action, Appellants could not redeem their property under section 77-1824; and (2) Determan was not the proper subject of a mandamus action. The Supreme Court affirmed, holding that the district court (1) did not err in its determination that once a foreclosure action was filed, Appellants were required to use the manner of redemption provided in section 77-1917; and (2) properly dismissed Determan from the case. View "Neun v. Ewing" on Justia Law