Justia Nebraska Supreme Court Opinion Summaries

The case involves a dispute where Pranay Bajjuri and others (appellees) sued Anand Karney, Sudha Karney (appellants), and others for unjust enrichment, fraud, and civil conspiracy. The appellees alleged that the appellants fraudulently induced them to invest in various limited liability companies (LLCs) for purchasing and operating rental properties, but the appellants diverted the investments for personal gain. The appellants failed to produce financial and organizational documents related to the LLCs during discovery, leading to the current appeal.The District Court for Douglas County issued a scheduling order for discovery and trial. Despite repeated requests and a court order to compel, the appellants did not produce the required documents. The appellees filed a motion for sanctions, seeking default judgment and attorney fees. The district court found that the appellants had repeatedly violated discovery rules and had been previously warned of sanctions. The court granted the motion for sanctions, entering a default judgment of $2,201,385.82 and awarding attorney fees of $180,645.68 against the appellants.The Nebraska Supreme Court reviewed the case and upheld the district court's decision. The court found that the appellants had frustrated the discovery process and failed to comply with the court's order to compel. The court determined that the appellants, as members and managers of the LLCs, had the ability to obtain and produce the required documents but did not do so. The court concluded that the sanctions of default judgment and attorney fees were appropriate given the appellants' inexcusable recalcitrance and history of discovery abuse. The Nebraska Supreme Court affirmed the district court's orders, finding no abuse of discretion. View "Bajjuri v. Karney" on Justia Law

Tara Gentele and Christopher Gentele were involved in divorce proceedings and attempted to resolve their disputes through mediation. Christopher claimed that a settlement agreement was reached during mediation, but Tara denied this. Christopher then asked the district court to enforce the settlement agreement. The district court found that a settlement agreement had been reached and entered a dissolution decree based on its terms. The decree required Christopher to make equalization payments to Tara and to divide certain credit card rewards points between them. Christopher made the first payment and transferred the rewards points, which Tara accepted. Tara then filed an appeal, arguing that the district court erred in enforcing the settlement agreement.The district court for Lancaster County found that the parties had reached an enforceable settlement agreement during mediation and entered a dissolution decree based on that agreement. Tara accepted the benefits provided by the decree but subsequently filed an appeal challenging the enforcement of the settlement agreement.The Nebraska Supreme Court reviewed the case and determined that Tara's appeal was precluded by the acceptance of benefits rule. This rule generally prevents an appellant from accepting the benefits of a judgment and then appealing the parts of the judgment that are unfavorable. The court found that Tara's acceptance of the equalization payment and rewards points was inconsistent with her appeal. The court dismissed the appeal, concluding that the acceptance of benefits rule applied and barred Tara from challenging the decree. View "Gentele v. Gentele" on Justia Law

Megan E. Hawk and David P. Hawk were involved in a marital dissolution action where the district court ordered David to pay Megan a cash equalization payment of nearly $3 million in eight annual installments, with interest accruing at a rate of 7.264% per annum. Megan filed a motion to alter or amend the decree, which the court partially granted, specifying that each installment would include accrued interest. Megan later filed a motion requesting the court to clarify that payments be made through the court clerk and to attach an amortization schedule.The district court for Douglas County initially modified the decree to specify the payment schedule and interest accrual. After the court's term ended, Megan filed another motion, which the court treated as a request to alter or amend the judgment rather than a nunc pro tunc order. The court held a hearing and clarified that interest would start accruing from the date the first payment was due, not from the date of the decree. The court also directed the court clerk to record the judgment and calculate the balance and interest.The Nebraska Supreme Court reviewed the case de novo and determined that the district court had the inherent power to modify its judgment within the term, as extended by Neb. Rev. Stat. § 25-2001(1). The court held that the rights of a party seeking relief under this statute become fixed at the time the motion is filed, even if the disposition occurs after the term ends. The court found no abuse of discretion in the district court's decision to modify the interest accrual date and affirmed the order. View "Hawk v. Hawk" on Justia Law

A Nebraska county (Hayes) sought reimbursement from a neighboring county (Frontier) for half the cost of replacing a bridge under Neb. Rev. Stat. § 39-827 et seq. Hayes claimed the bridge was on a county line road, thus requiring shared expenses. Frontier's board of commissioners denied the claim, arguing the bridge was not on a county line road and that Frontier was not equally interested in the bridge. Hayes then filed a petition in error in the district court, seeking review of the board's decision.The district court reviewed the case and found that Hayes had not provided sufficient evidence to support its claim. Specifically, the court noted that Hayes did not request an evidentiary hearing before the Frontier Board, resulting in a lack of formal proof regarding the bridge's location. The court concluded that the only evidence in the record was Hayes' claim and its attachments, which were insufficient to establish the bridge's location as required by § 39-827. Consequently, the district court denied and dismissed Hayes' petition in error.On appeal, the Nebraska Supreme Court reviewed whether the Frontier Board acted within its jurisdiction and whether its decision was supported by sufficient relevant evidence. The court found that Hayes failed to meet its burden of proof to demonstrate that the bridge was on a county line road as defined by § 39-1403. The court also noted that the Road Agreement between Hayes and Frontier did not conclusively establish the bridge's location for the purposes of the bridge statutes. The Supreme Court affirmed the district court's judgment but modified the disposition from "denied and dismissed" to "affirmed." View "County of Hayes v. County of Frontier" on Justia Law

Bryan and Ami Hauxwell, farmers using ground and surface water for irrigation, were involved in a dispute with the Middle Republican Natural Resources District (NRD) over alleged violations of the NRD’s rules and regulations. The NRD claimed the Hauxwells used ground water to irrigate uncertified acres, failed to install flowmeters, and used non-compliant flowmeters. The NRD issued a cease-and-desist order and penalties after a 2020 hearing, where the NRD’s general manager and counsel participated in the board’s deliberations.The Hauxwells challenged the 2020 findings in the district court for Frontier County, which ruled in their favor, citing due process violations and remanded the case. In 2021, the NRD issued a new complaint and held another hearing, excluding the general manager and counsel from deliberations. The board again found violations but deferred penalties to a later hearing. The district court dismissed the Hauxwells' challenge to the 2021 findings, stating it was not a final order as penalties were not yet determined.In 2022, the NRD held a hearing to determine penalties, resulting in restrictions on the Hauxwells' water use. The Hauxwells filed another petition for review, arguing that the 2020 due process violations tainted the subsequent hearings. The district court agreed, reversing the NRD’s 2022 findings and vacating the penalties.The Nebraska Supreme Court reviewed the case and found that the district court erred in concluding that the 2020 due process violations tainted the 2021 and 2022 hearings. The Supreme Court reversed the district court’s order and remanded the case with directions to address the other claims in the Hauxwells' petition for review. The court emphasized that the NRD’s actions in 2021 and 2022 were separate and not influenced by the 2020 hearing’s procedural issues. View "Hauxwell v. Middle Republican NRD" on Justia Law

Boone River, LLC purchased a tax certificate and later obtained a tax deed for property owned by Nancy J. Miles, Cheryl L. Bettin, and Robert R. Moninger. Boone River transferred the property to 11T NE, LLC, which then sued to quiet title. The court voided the tax deed and quieted title in favor of Miles, Bettin, and Moninger. Boone River and 11T subsequently filed a complaint for unjust enrichment, seeking compensation for taxes paid and maintenance costs. Miles and Bettin counterclaimed, citing an offer of judgment under Neb. Rev. Stat. § 25-901, which Boone River and 11T did not accept.The district court initially ruled in favor of Boone River and 11T, awarding them $16,918.68. Miles and Bettin appealed, and the Nebraska Supreme Court reversed the judgment against them, affirming it only against Moninger. Following the mandate, the district court entered judgment in favor of Miles and Bettin. Miles and Bettin then filed a motion for costs under § 25-901, which Boone River and 11T opposed.The Nebraska Supreme Court reviewed the case and determined that the district court erred in dismissing Miles and Bettin’s motion for costs. The Supreme Court clarified that the obligation under § 25-901 for the plaintiff to pay costs applies when the plaintiff fails to obtain a judgment for more than the offer, including when judgment is entered against the plaintiff. The court also held that an offer of judgment under § 25-901 retains its cost-shifting effect throughout the case, including on remand.The Nebraska Supreme Court reversed the district court’s order and remanded the case with directions to determine the costs to which Miles and Bettin are entitled under § 25-901, explicitly stating that "cost" under § 25-901 does not include attorney fees. View "Boone River, LLC v. Miles" on Justia Law

Leaf Supreme Products, LLC sued James and Adella Bachman, who counterclaimed. A jury found in favor of Leaf Supreme on a conversion claim, awarding approximately $200,000 in damages. Believing all claims resolved, the Bachmans attempted to appeal, but the Nebraska Court of Appeals dismissed the appeal, noting unresolved claims. Leaf Supreme then sought a debtor’s examination of the Bachmans, which the district court ordered on February 3, 2023, before entering a final judgment on February 6, 2023.The district court’s February 3 order was void as it was issued before a final judgment. The Bachmans did not comply with this order or subsequent orders, leading the district court to hold them in contempt on May 4, 2023, and again on September 7, 2023, imposing sanctions and ordering them to produce financial information and appear for questioning. The district court reiterated this on March 1, 2024, ordering their incarceration unless they complied.The Nebraska Supreme Court reviewed the case. It held that the February 3 order was void because it was issued before a final judgment, and refusal to obey a void order is not contempt. The subsequent orders were also void as they were based on the initial void order. The court found that the September 7 order did not clearly indicate it was a new, separate order in aid of execution, thus failing to provide clear warning to the Bachmans.The Nebraska Supreme Court vacated the district court’s contempt order and remanded the case for further proceedings, allowing the district court to issue a new, valid order for a debtor’s examination. View "Leaf Supreme Prods. v. Bachman" on Justia Law

A property owner applied for a conditional use permit to build a commercial hog facility on its land in rural Cherry County, Nebraska. The facility was intended to provide manure for fertilizing the owner's crops. Neighboring landowners objected to the issuance of the permit, arguing that the owner, not being the operator of the facility, could not establish compliance with zoning regulations regarding odor mitigation and water contamination.The Cherry County Board of Commissioners issued the permit, and the neighboring landowners appealed to the district court, seeking a trial de novo. The district court held a trial and determined that the owner's application complied with the relevant zoning regulations, affirming the issuance of the permit. The neighboring landowners then appealed to the Nebraska Supreme Court, while the Board cross-appealed, arguing that the district court lacked jurisdiction over the neighboring landowners' appeal.The Nebraska Supreme Court found that the district court had jurisdiction over the appeal, as the relevant statutes did not limit the right to appeal to applicants only. The court also concluded that the district court did not err in finding that the property owner demonstrated compliance with the zoning regulations. The court held that the property owner, not the operator, was responsible for showing compliance with the regulations and that the odor and water contamination mitigation plans submitted by the owner were sufficient. The court affirmed the district court's decision to uphold the issuance of the conditional use permit. View "Amorak v. Cherry Cty. Bd. of Comrs." on Justia Law

Dennis C. Jackson, a prison inmate, sought judicial review in the district court for Johnson County of an agency’s final decision under the Administrative Procedure Act (APA). Jackson filed an application to proceed in forma pauperis (IFP) along with his petition. The district court did not explicitly rule on the IFP application and dismissed Jackson’s APA petition as untimely. Jackson appealed the dismissal.The district court did not grant Jackson’s IFP application, instead deferring its ruling until Jackson filed an amended petition. Jackson complied, but the court dismissed the petition for being untimely, citing incorrect dates. Jackson filed a motion for reconsideration, which the court overruled without addressing the IFP application. Jackson then appealed to the Nebraska Court of Appeals, filing another IFP application for the appeal.The Nebraska Supreme Court reviewed the case. It found that the district court implicitly denied Jackson’s IFP application by dismissing the petition without ruling on the application. The Supreme Court determined that the district court erred by not following statutory procedures for IFP applications and by incorrectly calculating the timeliness of Jackson’s petition. The court held that Jackson’s petitions were neither frivolous nor malicious and that the denial of IFP status was plainly erroneous.The Nebraska Supreme Court reversed the district court’s denial of Jackson’s IFP application and remanded the case with directions to grant the initial IFP application and proceed with further actions consistent with its opinion. View "Jackson v. Rodriguez" on Justia Law

Woodsonia Hwy 281, LLC (Woodsonia) owned a retail shopping mall in Grand Island, Nebraska, and leased space to American Multi-Cinema, Inc. (AMC). Woodsonia planned to redevelop the mall and sought to terminate AMC's lease under the eminent domain provisions of the lease agreement. Woodsonia claimed that the lease was terminated after conveying AMC's leasehold interest to the Community Redevelopment Authority (CRA) under threat of condemnation. AMC disputed the termination, arguing that the conditions for termination under the lease were not met.The County Court for Hall County overruled AMC's motion to dismiss for lack of subject matter jurisdiction, finding that the lease was terminated under the eminent domain provisions and granted Woodsonia restitution of the premises. AMC appealed to the District Court for Hall County, which affirmed the County Court's decision, reasoning that the lease provisions allowed Woodsonia to transfer AMC's leasehold interest under threat of condemnation.The Nebraska Supreme Court reviewed the case and determined that the forcible entry and detainer action presented a title dispute, as the court needed to resolve whether AMC's leasehold interest was validly terminated. The court held that such a title dispute could not be determined in a forcible entry and detainer action, which is limited to determining the immediate right of possession without addressing title issues. Consequently, the County Court lacked subject matter jurisdiction and should have dismissed the action.The Nebraska Supreme Court vacated the judgment of the District Court and remanded the case with directions to vacate the County Court's judgment and dismiss the action for lack of jurisdiction. View "Woodsonia Hwy 281 v. American Multi-Cinema" on Justia Law