Justia Nebraska Supreme Court Opinion Summaries

An individual Nebraska resident, voter, and taxpayer sought declaratory and injunctive relief challenging the constitutionality of two medical cannabis laws enacted by voter-approved initiatives in the November 2024 general election. He named as defendants the Governor, other state officials, members of the Nebraska Medical Cannabis Commission, and the sponsors of the initiatives. The plaintiff alleged the laws violated the federal Supremacy Clause, improperly delegated regulatory authority in violation of Nebraska’s separation of powers, and were otherwise unconstitutional. He further claimed public officials and agencies would expend state funds and resources to implement these laws, and that this expenditure was unlawful.Previously, before the laws passed, the same individual brought a preelection challenge to the legal sufficiency of the initiative petitions in the District Court for Lancaster County. That challenge was rejected, and the Nebraska Supreme Court affirmed. After the election, he filed a new action in the same district court, seeking to enjoin the Governor from certifying the measures. The district court denied his request for a temporary restraining order. Once the laws were certified and enacted, he amended his complaint several times, ultimately alleging taxpayer standing, standing for a matter of great public concern, and standing under a Nebraska statute governing initiative challenges. The defendants moved to dismiss, contending he lacked standing.The Nebraska Supreme Court reviewed the district court’s dismissal de novo. The Supreme Court held that the plaintiff lacked standing to bring the suit. Specifically, it concluded he did not have taxpayer standing, as his allegations of incidental expenditures and government employee time spent implementing the laws did not amount to illegal expenditures sufficient to confer standing under Nebraska law. The Court also found he did not qualify for any exception for matters of great public concern. The order dismissing his complaint without prejudice was affirmed. View "Kuehn v. Pillen" on Justia Law

Sponsors of a ballot initiative in Nebraska sought to have their proposed constitutional amendment, which would protect the powers of initiative and referendum, placed on the November 2026 general election ballot. The initiative aimed to require a four-fifths vote of the Legislature to amend, repeal, or impair laws enacted by initiative after November 2, 2004, and to similarly restrict the Legislature’s authority over laws affecting the initiative and referendum process itself. It also imposed a requirement that any laws facilitating or safeguarding the process advance a compelling state interest by the least restrictive means and prohibited legislative acts that would condition, restrict, burden, or impair these reserved powers.After the sponsors collected sufficient signatures, the Nebraska Secretary of State reviewed the measure. Following an objection by a current and a former state senator, the Secretary determined that the initiative violated Nebraska’s constitutional single subject rule and announced that he would not place it on the ballot.The sponsors filed an emergency application for a writ of mandamus directly with the Nebraska Supreme Court, asking the court to compel the Secretary to certify the initiative for the ballot. The Secretary argued that he was obligated to withhold ballot placement because the initiative contained more than one subject, contrary to the Nebraska Constitution. The Nebraska Supreme Court, exercising original jurisdiction, reviewed the matter de novo as a question of law.The Nebraska Supreme Court held that the proposed initiative violated the single subject rule because it addressed at least two distinct subjects: limiting legislative power over both the initiative process and the substance of laws enacted by initiative. The court concluded that these subjects were not naturally and necessarily connected. Accordingly, the court denied the writ of mandamus and dissolved its alternative writ, holding that the Secretary had no duty to place the initiative on the ballot. View "State ex rel. Davis v. Evnen" on Justia Law

A nonprofit boating club owned property in Cass County, Nebraska, with access provided by a road known as Dock Road. This road extended from Main Street, past a public boat ramp owned by the city, and terminated at the club’s gate. In 2019, flooding washed out a portion of Dock Road, severing road access to the club’s property, though river access remained available. The city repaired Dock Road to restore access to its public boat ramp but did not repair the road up to the club’s property. The club sought to compel the city to restore road access, arguing the city had a mandatory duty to repair Dock Road under Nebraska law.Following the city’s refusal, the club filed for a writ of mandamus in the District Court for Cass County. The parties filed competing motions for summary judgment. The district court granted summary judgment in favor of the city, concluding that the city’s duty under Nebraska statutes was discretionary rather than ministerial, and that the club had not shown Dock Road (particularly the portion past the public boat ramp) was a public street. The court dismissed the club’s complaint and denied its motion for summary judgment.On appeal, the Nebraska Supreme Court affirmed the district court’s ruling. The Court held that the club failed to demonstrate the portion of Dock Road it sought to have repaired was a public street, either by formal dedication or by prescription. Evidence showed that only members and invitees of the club used the disputed section, not the general public. Therefore, the statutory duty cited by the club did not apply, and the city was not obligated to repair the road as requested. The judgment for summary dismissal was affirmed. View "Plattsmouth Boat Club v. City of Plattsmouth" on Justia Law

A political subdivision operating an airport in Omaha implemented a monthly charge on off-airport parking companies, including a shuttle operator, for access to dedicated passenger lanes on airport property. The charge was calculated as 10 percent of the parking companies’ gross receipts related to airport business, with exclusions for certain non-airport activities. The airport authority justified the charge as a user fee to comply with federal regulations requiring the airport to be as self-sustaining as possible and to defray operating and administrative expenses.The District Court for Douglas County reviewed the case after the parking company challenged the charge as an unconstitutional tax under the Nebraska Constitution. The court found the airport authority lacked taxing authority and applied a three-part test to distinguish fees from taxes. It determined the charge was not directly allocated to defraying the costs of the specific service provided, nor reasonably proportionate to the benefit received, and more closely resembled a sales tax. The court declared the charge an unconstitutional tax, voided the resolution, ordered permanent injunctive relief, and required the airport authority to return all collected sums.Upon appeal, the Nebraska Supreme Court reviewed the matter de novo, considering both factual and legal issues. The court determined that the charge constituted a user fee, not an unconstitutional tax, emphasizing its optional nature, connection to use of airport facilities, and the benefit received by the parking company. The Supreme Court reversed the district court’s ruling and remanded with instructions to dismiss the complaint, holding that the airport authority’s charge was a permissible user fee rather than a tax. View "Park'N Go v. Airport Authority" on Justia Law

After the Nebraska Public Service Commission (PSC) awarded a grant to a telecommunications company to build a broadband network in rural Gage County, the company sought a permit from the Gage County Board of Supervisors to construct its network along a county right-of-way. The permit was initially recommended for approval by the county highway department, but the board ultimately denied the application. The main reason expressed by the board was an objection to the company’s receipt of public funds to build in areas that overlapped with another provider, which had also received public funding from the county.The telecommunications company filed a petition in error in the District Court for Gage County, arguing that the board’s decision exceeded its authority and was arbitrary. The district court agreed, finding that the board had improperly attempted to overturn the PSC’s grant funding decision and that it lacked the authority to do so. The court concluded that the board’s denial was not based on relevant statutory grounds and sustained the petition in error.The Nebraska Supreme Court reviewed whether the board’s denial could properly be challenged by a petition in error and whether the board acted within its authority. The court held that the county board was required to act in a judicial manner when considering such permit applications and that the company properly pursued relief through a petition in error. The Supreme Court determined that the board’s denial was an improper attempt to nullify the PSC’s funding decision, which the board had no authority to do, and that no other valid basis supported the denial. The Supreme Court affirmed the district court’s decision to sustain the petition in error. View "Pinpoint Holdings v. Gage County" on Justia Law

Two individuals—a student enrolled in a nursing program and a prospective paramedic student—challenged a community college’s policy requiring proof of COVID-19 vaccination for participation in certain clinical programs. The student alleged she was removed from the nursing program after failing to provide proof of vaccination and not receiving a clear response to her request for a medical exemption. She also claimed that the college placed her in clinical rotations at facilities with strict vaccination requirements, while other students were placed at locations accommodating the unvaccinated. The prospective paramedic student did not complete the vaccination requirement, did not seek an exemption, and was told that proof of vaccination or a successful exemption was necessary for acceptance.The District Court for Lancaster County allowed amendment of the initial complaint, but ultimately dismissed the amended complaint for lack of subject matter jurisdiction and failure to state a claim. The court found that the contract and negligence claims were barred by sovereign immunity, that the due process and equal protection claims lacked sufficient factual allegations to proceed, and that the “ultra vires” claim was not cognizable. The court denied further leave to amend, finding amendment would be futile. A timely postjudgment motion to alter or amend was denied, and the plaintiffs appealed.The Nebraska Supreme Court, after reviewing for plain error due to briefing deficiencies, found no plain error in the lower court’s dismissal of the case. The Court concluded that the district court properly dismissed all claims and that the appeal was timely. The Supreme Court affirmed the judgment of the district court. View "Fischer v. Southeast Community College" on Justia Law

A deputy sheriff sergeant was terminated from his employment after an incident where he encountered two individuals with active “time pay” warrants for failure to pay fines. Despite confirming the existence and validity of the warrants, which were issued by a county court and directed to any law enforcement officer, he told the individuals that he would not arrest them because he believed doing so would be pointless. The interaction was recorded on his body camera. After the sheriff’s office conducted an internal investigation, the sergeant was found to have violated standard operating procedures by neglecting his duty.The sergeant appealed the termination to the county sheriff’s merit commission, which upheld the decision after a hearing. He then filed a petition in error with the District Court for Lancaster County, arguing that the evidence did not support his termination, that due process was denied because he was not given notice regarding issues of credibility or prior investigations, that the commission’s decision was void for untimely delivery, and that he had not waived any objections by failing to object during the administrative hearing. The district court found sufficient evidence supported the commission’s decision, determined the procedures were constitutionally adequate, rejected the argument about untimely delivery because no specific deadline for notification was violated, and concluded there was no prejudice regarding any waiver issue.The Nebraska Supreme Court reviewed the case. It held that sufficient evidence supported the finding that the sergeant neglected his statutory duty to execute the warrants, which justified termination under the governing procedures. The court also held that due process requirements were satisfied, as the sergeant received notice of the charges, an explanation of the evidence, and an opportunity to be heard. The court affirmed the district court’s judgment, finding no prejudicial error in the proceedings. View "Schmuecker v. Lancaster County" on Justia Law

The case involved a medical negligence and wrongful death claim arising from care provided to a resident at a county-owned skilled nursing facility in Nebraska. The plaintiffs, the decedent’s personal representative and surviving spouse, alleged that substandard care by the facility’s staff caused fatal injuries. The suit was initiated against several entities purportedly associated with the facility, but only two remained as defendants after some were dismissed for procedural reasons.After the complaint was filed in the District Court for Merrick County, the primary remaining defendant, identified as Litzenberg Memorial Long Term Care, moved to dismiss the case. The defendant argued that the complaint failed to demonstrate compliance with the Political Subdivisions Tort Claims Act’s presuit notice requirement, claiming that notice was not properly served on the appropriate official. Before the court ruled on the motion to dismiss, the plaintiffs sought leave to amend their complaint to clarify factual allegations regarding compliance with presuit notice and to correct the defendant’s name. The proposed amendment included details suggesting that the Merrick County clerk was an appropriate recipient for notice, and asserted that the defendant should be estopped from contesting notice due to representations made by the clerk.The district court denied the motion for leave to amend and granted the motion to dismiss, finding the amendment would be futile because the notice had not been properly served. On appeal, the Nebraska Supreme Court determined that under the applicable procedural rule, the plaintiffs were entitled to amend their complaint once as a matter of course prior to any responsive pleading. The court held that filing a motion for leave to amend did not waive this right. Consequently, the Supreme Court reversed the district court’s judgment and remanded the case for further proceedings, directing that the plaintiffs be allowed to amend their complaint. View "Cyboron v. Merrick County" on Justia Law

An individual submitted a candidate filing form to appear on the ballot for Douglas County sheriff in the May 2026 primary election. Alongside his filing, he provided a letter from the director of the Nebraska Law Enforcement Training Center certifying that he possessed an “inactive” Nebraska law enforcement officer certificate. His certificate had been active from 1984 to 2009 but was inactive at the time of filing. The Douglas County Republican Party objected to his candidacy, arguing that Nebraska law required a candidate to hold an “active” certificate. The objection was supported by a memorandum and legislative materials suggesting legislative intent to require active certification.The Douglas County election commissioner reviewed the objection and determined that the candidate did not meet the requirements to run for sheriff, based on the inactive status of his law enforcement certificate. The candidate then filed an emergency application for special proceedings with the Nebraska Supreme Court, seeking to overturn the commissioner’s decision and compel his placement on the ballot. The Republican Party intervened, asserting that legislative history and statutory context supported the requirement of an active certificate.The Supreme Court of Nebraska heard the case as a special, summary proceeding under state election law. The court held that the relevant statute required only that a candidate “possess a law enforcement officer certificate,” and made no distinction between active and inactive status. The court found the statutory text to be unambiguous and declined to consider legislative history or administrative regulations. Accordingly, the court concluded that possession of an inactive certificate satisfied the statutory qualifications for candidacy. The judgment ordered that the candidate’s name appear on the ballot for the sheriff’s office. View "Martinez v. Jensen" on Justia Law

An 11-year-old child with significant disabilities, including autism and other disorders, attended a public elementary school where staff were aware of his special needs and history of leaving school grounds when unsupervised. Despite this knowledge, the child was left alone multiple times, and on May 17, 2021, he walked out of the school unattended and was never seen again. His mother, acting as his legal guardian, alleged that the school district and staff negligently supervised her son, leading to his disappearance and likely death or serious harm. She also claimed severe emotional distress resulting from the incident.The mother filed suit in the District Court for Sarpy County under the Political Subdivisions Tort Claims Act (PSTCA), naming the school district and three staff members as defendants. The defendants moved to dismiss, arguing the claims were barred by sovereign immunity under the PSTCA’s due care and discretionary function exemptions, and that the complaint failed to state a claim for negligent infliction of emotional distress. The district court granted the motion, finding both exemptions applied and that the emotional distress claim was either barred or insufficiently pled. The court dismissed the complaint without leave to amend.On appeal, the Nebraska Supreme Court reviewed the dismissal de novo. The court held that, based solely on the complaint’s allegations and reasonable inferences, it could not determine whether the PSTCA exemptions applied, as a more developed factual record was needed. The court also found the complaint alleged sufficient facts to state plausible claims for negligent supervision and negligent infliction of emotional distress. The Nebraska Supreme Court reversed the district court’s dismissal and remanded the case for further proceedings. View "Larsen v. Sarpy Cty. Sch. Dist. No. 77-0027" on Justia Law