Justia Nebraska Supreme Court Opinion Summaries

The case concerns a defendant who was convicted of felony animal neglect after a severely emaciated and wounded dog, registered to her, was seized by the Nebraska Humane Society. The dog was ultimately euthanized and a necropsy performed. The defendant entered a no contest plea to the charge in exchange for the State’s recommendation of probation. During sentencing, the probation officer recommended, among other conditions, that the defendant pay all fees to the Humane Society for handling the dog. The presentence investigation report (PSR) did not specify the amount of these fees, and the court’s oral pronouncement did not mention reimbursement, but the written probation order included the condition requiring payment to the Humane Society, without specifying an amount.In the District Court for Douglas County, the defendant’s counsel did not object to the recommended probation conditions, and instead asked the court to follow the probation officer’s suggestions, only remarking on the defendant’s limited income. The court adopted the recommendations, including the reimbursement requirement, and provided an opportunity to revisit any condition if needed. The defendant did not request clarification or object after reviewing the written order. The defendant then appealed, challenging the reimbursement condition on several grounds, including lack of advisement during the plea and the absence of a specific amount.The Nebraska Supreme Court held that because reimbursement was imposed as a condition of probation—and not as a criminal penalty—the trial court was not required to inform the defendant of this possibility during the plea hearing. The court further held that by not objecting to the condition at sentencing and instead requesting its adoption, the defendant forfeited her other challenges. Finding no reversible error, the Nebraska Supreme Court affirmed the judgment. View "State v. Dale" on Justia Law

The Supreme Court vacated the order of the district court finding that the city council of the City of Fremont (Council) and the City of Fremont (City) lacked reasonable sufficient evidence to terminate a contract with the Dodge County Humane Society for animal control, holding that the district court lacked petition in error jurisdiction to review the decision.At a regularly scheduled meeting, the Council approved a motion authorizing Fremont's mayor to terminate the contract for animal control. The Humane Society later filed a petition in error alleging that the Council and the City had no cause to terminate the contract. Thereafter, the district court entered a temporary injunction / temporary restraining order in favor of the Humane Society. The County and City moved to dismiss, asserting that the Council's decision to authorize the mayor to send a letter was not an action that could support a petition in error. The district court sustained the petition in error and ordered the contract to be reinstated. The Supreme Court vacated the order below, holding (1) the Council did not exercise a judicial or quasi-judicial function in voting on the motion to send the disputed letter to the Humane Society; and (2) therefore, the district court lacked jurisdiction to review this action. View "Dodge County Humane Society v. City of Fremont" on Justia Law

The Supreme Court reversed the judgment of the district court entering a declaratory judgment and permanent injunction in favor of Adams Land & Cattle, LLC (ALCC), a commercial livestock company, in this dispute regarding the meaning of a statute governing cattle brand inspection, holding that the district court erred in its interpretation of Neb. Rev. Stat. 54-1,122.ALCC and the Nebraska Brand Committee disputed whether section 54-1,122 requires direct movement from the point of origin with required paperwork to avoid a brand inspection upon entry to the registered feedlot. The district court granted declaratory relief and a permanent injunction for ALCC, and the Brand Committee appealed. The Supreme Court reversed, holding that the district court erred in its interpretation of section 54-1,122 and in granting a declaratory judgment and permanent injunction in favor of ALCC.. View "Adams Land & Cattle v. Widdowson" on Justia Law

The Supreme Court reversed the declaratory and injunction entered by the district court enjoining the City of Arapahoe, Nebraska from enforcing an ordinance against Brooke Wilkison to prohibit his retention of a pit bull at his home within the city limits, holding that Brooke failed to show that allowing him to retain the dog in his home was necessary.The district court's order determined that the city ordinance, if enforced against Brooke, would violate the federal Fair Housing Act (FHA), 42 U.S.C. 3601 to 3619, by permitting a discriminatory housing practice and precluding Brooke from mitigating the ill effects of his handicap by living with his emotional assistance animal. The Supreme Court reversed, holding (1) the district court did not err in holding that the FHA applies to the ordinance enacted by the city; but (2) Brooke failed to prove that an accommodation from the city's ban on certain breeds of dogs was essential to his equal enjoyment of his property. View "Wilkison v. City of Arapahoe" on Justia Law

The Supreme Court affirmed the district court’s order granting a directed verdict in favor of Defendant on Plaintiff’s statutory strict liability claim under Neb. Rev. Stat. 54-601(1), holding that allegations that a ranch employee was injured as a result of the ranch’s herding dog nipping at a cow, causing the cow to charge into the employee, fall outside the strict liability statute.In granting a directed verdict for Defendant, the district court concluded that the evidence presented did not fall within the purview of strict liability under Neb. Rev. Stat. 54-601. The Supreme Court affirmed, holding that strict liability under section 54-601(1) does not encompass the act of a herding dog nipping at the heels of a cow, causing the cow to move forward and collide with a ranch employee and inflict bodily hurt on the employee. View "Smith v. Meyring Cattle Co., LLC" on Justia Law