Justia Nebraska Supreme Court Opinion Summaries

Falls City Economic Development and Growth Enterprise, Inc. (EDGE), a Nebraska nonprofit corporation, provided economic development services to the City of Falls City, Nebraska. Plaintiff, a Nebraska citizen, sought records relating to a specific economic development project in which EDGE was involved. EDGE denied the request on the basis that it was not a public entity and that its records were not public records. Plaintiff subsequently filed a complaint and motion for a writ of mandamus to compel production of the requested documents. The district court granted the writ, with the exception of certain documents it determined to be privileged. The Supreme Court vacated and reversed the writ of mandamus, holding that EDGE was not the functional equivalent of an agency, branch, or department of Falls City as a matter of law, and therefore, EDGE’s records requested by Plaintiff were not “public records” within the meaning of Neb. Rev. Stat. 84-712 and 84-712.01. Remanded with directions to dismiss. View "Frederick v. City of Falls City" on Justia Law

L.B. 1161, which was passed in 2012, allows major oil pipeline carriers to bypass the regulatory procedures of the Public Service Commission, instead allowing them to obtain approval from the Governor to exercise the power of eminent domain for building a pipeline in Nebraska. Appellees, a group of landowners, filed a complaint alleging that the bill violated the state Constitution’s equal protection, due process, and separation of powers provisions, as well as the Constitution’s prohibition of special legislation. The district court determined that L.B. 1161 was unconstitutional. Four members of the Supreme Court - a majority of its seven members - held that Appellees had standing to challenge the constitutionality of the bill and that the legislation was unconstitutional. However, because five judges of the Court did not vote on the constitutionality of the bill, the Court held that L.B. must stand by default. View "Thompson v. Heineman" on Justia Law

When Alexander was approximately twelve years old, he was placed in a program with Envisions of Norfolk, Inc. The juvenile court ordered that Alexander remain in the Envisions program until further order of the court. Less than two months later, Alexander was moved into a new foster home without further order of the court and without notice. The juvenile court found the Department of Health and Human Services and Nebraska Families Collaborative in contempt of court and ordered them to pay a fine of $5,000 or purge the contempt by complying with certain conditions. The Supreme Court affirmed, holding that the juvenile court (1) did not abuse its discretion in finding the Department to be in contempt of court; and (2) did not abuse its discretion in imposing the sanction. View "In re Interest of Zachary D." on Justia Law

Brian Shaffer, who had severe autism and chemical sensitivities, resided with his mother, Delores Shaffer, who was paid to provide private duty nursing (PDN) care to Brian. In 2011, Brian’s Medicaid coverage was transferred to Coventry Health Care of Nebraska, Inc. When Coventry determined that the nursing services were not medically necessary, Shaffer requested a State fair hearing with the Nebraska Department of Health and Human Services. Coventry participated in the administrative proceedings, at which a hearing officer concluded that the PDN services were not medically necessary. Delores sought judicial review of the order, but the petition did not name Coventry as a respondent. The district court reversed the order of the Department, finding the PDN services that Delores provided to Brian were medically necessary. Coventry appealed. The Supreme Court vacated the order of the district court, holding that Coventry was a “party of record” at the State fair hearing and therefore a necessary party in the subsequent appeal to the district court, and the failure to make Coventry a party to the appeal deprived the district court of jurisdiction. View "Shaffer v. Neb. Dep’t of Health & Human Servs." on Justia Law

In 2009, Patricia Damme injured her low back in a workplace accident. In 2013, Damme underwent surgery on her back. The surgery was a success. The Workers’ Compensation Court awarded Damme temporary total disability benefits from 2009 to 2013 and future medical care. Damme’s employer, Pike Enterprises, Inc. appealed, arguing, among other things, that the 2009 incident was not an injury but a “temporary symptom aggravation” of Damme’s preexisting back problems. The Supreme Court affirmed, holding that the Workers’ Compensation Court did not err in (1) finding a causal relationship between the work-related injury Damme sustained in 2009 and the 2013 surgery; (2) determining that Damme’s 2013 surgery was reasonably necessary to treat her physical condition and pain symptoms; (3) finding that after her injury, Damme could not work until the surgeon who performed the surgery released her to return to work; (4) determining that Damme’s incarceration was not an event that barred her receipt of temporary total disability disability benefits; and (5) awarding nonspecified future medical benefits. View "Damme v. Pike Enters., Inc." on Justia Law

The State filed a petition to terminate Father’s parental rights to his daughter based on Father’s abandonment of the child. After a hearing, the juvenile court entered an order terminating Father’s parental rights to his daughter, finding clear and convincing evidence that Father had abandoned the child and that termination was in the child’s best interests. The court of appeals reversed, concluding that the evidence was insufficient as a matter of law to establish that Father intentionally abandoned the child due to Father’s lack of absolute certainty concerning paternity and his incarceration while awaiting trial. The Supreme Court reversed, holding (1) clear and convincing evidence supported the finding of abandonment because Father was initially involved in his daughter’s life but later demonstrated no interest in her or in exercising parental responsibilities; and (2) the evidence clearly and convincingly established that termination of Father’s parental rights was in his daughter’s best interests. View "In re Interest of Gabriella H." on Justia Law

Eric McDougle held licenses as a mental health practitioner and as a provisional alcohol and drug counselor. The director of the Division of Public Health of the Department of Health and Human Services (Department) issued an order revoking McDougle’s licenses after finding that McDougle engaged in unprofessional conduct. McDougle petitioned for judicial review, naming the Department and the State as parties to the petition and timely serving process upon them. The State filed a motion to dismiss the petition for review on the ground that McDougle failed to timely request preparation of the official record upon the Department. The district court granted the motion. At issue before the Supreme Court was whether the Department was a “party of record” under the Administrative Procedure Act such that McDougle was not required to timely request the preparation of the official record as a prerequisite to the district court’s jurisdiction over the petition for review. The Supreme Court reversed, holding that the Department was properly a party to the petition for review and was properly served with a copy of that petition, and therefore, McDougle was not required to separately serve the Department with a copy of the petition and a request to prepare the official record. Remanded. View "McDougle v. State ex rel. Bruning" on Justia Law

Telrite Corporation was designated as an eligible telecommunications carrier and a Nebraska eligible telecommunications carrier by the Nebraska Public Service Commission (PSC). The designation allowed Telrite to participate in the “Lifeline” program and receive subsidies from federal and state funds for the provision of telecommunications service to low-income households. Soon after receiving its designations, Telrite held its first enrollment event in Omaha. Telrite, however, used the wrong enrollment form at the event. Consequently, the PSC revoked Telrite’s ETC designation and ordered Telrite to cease and desist from offering services as a Lifeline provider in Nebraska. The Supreme Court reversed the order, holding that the penalty ordered by the PSC was excessive. Remanded. View "Telrite Corp. v. Neb. Pub. Serv. Comm’n" on Justia Law

A police officer found Appellant in the driver’s seat of a vehicle parked in an Omaha Police Department parking lot. The officer observed signs of intoxication and placed Appellant under arrest. Appellant declined the take a chemical test. Following an administrative license revocation hearing, the Nebraska Department of Motor Vehicles (DMV) revoked Appellant’s driving privileges for one year. Appellant petitioned for review, arguing that he was on private property not open to public access, and therefore, the DMV did not have jurisdiction to revoke his license. The district court dismissed Appellant’s petition. The Supreme Court affirmed the revocation of Appellant’s driving privileges, holding that the arresting officer’s sworn report did not need to state or support an inference that the motor vehicle was driven or operated on property open to public access to confer jurisdiction on the DMV. View "Hoppens v. Neb. Dep’t of Motor Vehicles " on Justia Law

Two employees of Northwest Rural Public Power District (NRPPD), a political subdivision, purchased short radio advertisements on the subject of wind energy, electricity rates, and generation duplication, which were broadcast before the November 2, 2010 general election. Michael Van Buskirk, a candidate for NRPPD’s board of directors, filed complaints with the Nebraska Accountability and Disclosure Commission (Commission), contending the radio advertisements were directed at his campaign. The Commission found that the employees had expended public funds “for the purpose of campaigning” in violation of the Nebraska Political Accountability and Disclosure Act (Act). The district court reversed, concluding that the use of NRPPD funds to purchase the advertisements did not constitute “campaigning” within the definition of the Act. The Supreme Court reversed, holding that the district court’s conclusion that the employees had not violated the Act was based on an interpretation of the statute that was contrary to law. Remanded. View "Neb. Accountability & Disclosure Comm’n v. Skinner" on Justia Law