Justia Nebraska Supreme Court Opinion Summaries

Appellant, an inmate, sent his typewriter out of the prison for repairs, but the Nebraska Department of Correctional Services refused to return the typewriter to him. After unsuccessfully filing a grievance with the Department, Appellant filed a petition for review before the district court seeking review under the Administrative Procedure Act and a declaratory judgment. The district court ultimately dismissed the action for failure to state a claim. The Supreme Court affirmed, holding that Appellant failed to state a claim upon which relief can be granted and that the court did not err in sustaining the Department’s motion to dismiss Appellant’s claim. View "Jacob v. Neb. Dep’t of Corr. Servs." on Justia Law

The City of Springfield filed suit against the City of Papillion, and Sarpy County, seeking to enjoin Papillion from annexing land which had been indicated as Springfield’s area of future growth in a map adopted by the County in 1995. The district court for Sarpy County found that Springfield lacked standing; Springfield appealed. After review, the Nebraska Supreme Court found that Springfield asserted an infringement of its statutory governmental functions and rights under the County Industrial Sewer Construction Act. That infringement was sufficient to grant standing. The Court reversed the district court and remanded the case for further proceedings. View "City of Springfield v. City of Papillion" on Justia Law

Appellant, a farmer, owned Dunaway Farm and Rehfeld Farm, both of which were located within the jurisdiction of the Lower Elkhorn Natural Resources District. Beginning in 2010, Appellant used the well on Rehfeld Farm to irrigate Dunaway Farm, which was previously not irrigated. In 2013, the District ordered Appellant to cease and desist irrigating Dunaway Farm because the District’s rules prohibited use of ground water for new irrigated acres within the District’s management area without a variance. Appellant appealed using the Administrative Procedure Act (APA) and also filed a declaratory judgment action challenging the constitutionality of several of the District’s rules related to irrigation. The district court affirmed the District’s decision. The Supreme Court affirmed, holding (1) on the APA appeal, there were no errors in the district court’s judicial review of the District’s order; and (2) because the District’s rules are constitutional, the district court did not err in granting summary judgment as to Appellant’s request for a declaratory judgment. View "Lingenfelter v. Lower Elkhorn Natural Res. Dist." on Justia Law

Appellant sustained injuries in an accident arising out of and in the course of his employment. Appellant filed a petition in the workers’ compensation court seeking temporary and permanent disability benefits. The compensation court awarded Appellant temporary total disability benefits for the period from August 10, 2010 to December 8, 2010 and permanent total disability benefits starting May 2, 2014. The court declined to award Appellant future medical expenses, penalties, attorney fees, or interest. The Supreme Court affirmed in part and reversed in part, holding that the compensation court (1) did not commit reversible error in excluding the deposition of a doctor that had been taken in connection with a separate negligence action; (2) did not err when it did not award future medical expenses; but (3) erred in denying temporary total disability benefits for the period from December 9, 2010 through May 1, 2014 without providing an explanation which formed the basis for its ruling. Remanded. View "Tchikobava v. Albatross Express, LLC" on Justia Law

Lionel Simeus filed a complaint against RGR Company LLC with the Lincoln Commission on Human Rights for housing discrimination in violation of section 11.06.020(b) of the Lincoln Municipal Code and 42 U.S.C. 3604(b) of the federal Fair Housing Act. The Commission determined that RGR discriminated against Simeus on the basis of race and national origin and, on behalf of Simeus, filed a charge of discrimination against RGR. After a hearing, the Commission found in favor of Simeus. The district court affirmed. The Supreme Court reversed, holding that the Commission did not establish by a preponderance of the evidence that RGR’s proffered reasons for its negative treatment of Simeus were a pretext for discrimination or that Simeus was the victim of intentional discrimination. View "RGR Co., LLC v. Lincoln Comm’n on Human Rights" on Justia Law

Neb. Rev. Stat. 77-1502(2) imposes a requirement and specifies a consequence for its violation. In this case, a taxpayer filed a property valuation protest. The taxpayer’s protest form specified the assessed and requested valuation amounts but stated no reason for the requested change. The Lincoln County Board of Equalization dismissed the protest, citing section 77-1502(2). The taxpayer appealed to the Nebraska Tax Equalization and Review Commission (TERC). TERC dismissed the appeal with prejudice, concluding that it lacked jurisdiction because the Board did not have jurisdiction to hear the protest due to the taxpayer’s failure to state the reason for the protest. The Supreme Court affirmed, holding (1) the Board correctly dismissed the taxpayer’s protest because the protest failed to include a reason for the requested change in valuation; and (2) because the Board lacked authority to hear the taxpayer’s property valuation protest on the merits, TERC likewise lacked authority to do so. View "Village at North Platte v. Lincoln County Bd. of Equalization" on Justia Law

Appellant, an inmate, applied for reclassification of his custody level from medium custody to minimum custody. The Department of Correctional Services determined that Appellant’s classification should remain at medium custody. Appellant subsequently filed a pro se petition in the district court seeking judicial review of DCS’ decision. The district court sustained the DCS’ motion to dismiss, concluding that DCS’ decision regarding Defendant’s level of custody was not made in a “contested case” and, therefore, the court lacked jurisdiction under the Administrative Procedure Act (APA). The court of appeals agreed with the district court’s conclusion and dismissed Appellant’s appeal for lack of jurisdiction. The Supreme Court affirmed, holding (1) the DCS’ decision was not made in a “contested case” as defined in the APA; and (2) therefore, the district court correctly determined that it lacked jurisdiction to review the level of custody decision. View "Purdie v. Neb. Dep’t of Corr. Servs." on Justia Law

Following the insolvency of Pierce Elevator, Inc. (PEI), the Nebraska Public Service Commission (PSC) initiated proceedings to determine claims under the Grain Warehouse Act and the Grain Dealer Act. After PEI voluntarily surrendered its grain warehouse license to the PSC, the PSC took title to all PEI grain in storage in trust for distribution to all valid owners, depositors, or storers of grain pursuant to the Grain Warehouse Act. The PSC then determined valid claims under the Grain Warehouse Act and the Grain Dealer Act. The appellant and cross-appellants in this case were claimants who challenged the PSC’s classification of their claims. The Supreme Court affirmed in part and in part reversed and dismissed, holding (1) the PSC correctly determined that it did not have jurisdiction to determine the fraud claims of the appellant and some cross-appellants and that the appellant and other-cross appellants were not entitled to recovery under the Grain Warehouse Act; (2) the PSC erred in finding that some cross-appellants were not entitled to recovery under the Grain Warehouse Act; and (3) some cross-appellants did not have standing to challenge the classification of a certain transaction. View "In re Claims Against Pierce Elevator" on Justia Law

In 2012, as the result of a change in the way the Custer County assessor classified irrigated grassland for purposes of valuation, the assessor increased the assessed value of the property owned by Appellant from $734,968 to $1,834,924. Appellant filed petitions with the Tax Equalization and Review Commission (TERC) pursuant to Neb. Rev. Stat. 77-1507.01 challenging the valuation increase. After two separate hearings on Appellant’s petitions, TERC affirmed the assessor’s valuations for 2012. The Supreme Court reversed, holding that TERC’s consideration of Appellant’s petitions using the appellate standard of review described in Nev. Rev. Stat. 77-5016(9) constituted plain error. Remanded. View "Cain v. Custer County Bd. of Equalization" on Justia Law

Under Neb. Rev. Stat. 71-1207, a mental health board “shall” hold a hearing within seven days after the subject is taken into emergency protective custody. Appellant was convicted of sexual assault on a child. Before Appellant finished his sentence, the Mental Health Board of the Fourth Judicial District (Board) issued a warrant directing that Appellant remain in custody under the Sex Offender Commitment Act (SOCA) until a commitment hearing. The hearing was held approximately five weeks later. The Board determined that Appellant was a dangerous sex offender and placed him in the custody of the Department of Health and Human Services for inpatient treatment. Appellant petitioned for a writ of habeas corpus alleging that the Board’s failure to hold a hearing within seven days violated the SOCA and his right to due process. The district court dismissed Appellant’s habeas petition, concluding that the seven-day time limit in section 71-1207 is directory, not mandatory. The Supreme Court affirmed, holding that the seven-day time limit for holding a hearing under the statute is directory, and therefore, the untimeliness of the commitment hearing in this case did not deprive the Board of jurisdiction. View "D.I. v. Gibson" on Justia Law