Justia Nebraska Supreme Court Opinion Summaries

Volunteers of America, Dakotas (VOA) proposed to build an apartment-style building for veterans in Omaha. To construct the building as planned, VOA applied for variances from area and use restrictions under the Omaha Municipal Code (Code). VOA applied to the zoning board of appeals of Omaha (Board) for the variances. Appellants, Field Club Home Owners League and Thornburg Place Neighborhood Association, opposed the application. The Board granted the variances, concluding that the Code created an unnecessary hardship because it did not contemplate a project like VOA's. The district court affirmed. The Supreme Court reversed and vacated the district court's judgment, holding (1) the record failed to show that VOA had standing to seek the variances; but (2) because Appellants raised standing for the first time on appeal to the Court, the district court must conduct an evidentiary hearing on the issue. Remanded. View "Field Club v. Zoning Bd. of Appeals of Omaha" on Justia Law

The underlying cases here involved Randy and Helen Strodes' unsuccessful challenge to the valuation of certain property located in Saunders County. The court of appeals concluded that the Strodes' appeals were not timely filed and dismissed their appeals for lack of jurisdiction. The jurisdictional issued hinged on whether the Strodes' motions for rehearing filed before the Tax Equalization and Review Commission (TERC) were timely filed and therefore tolled the time during which the Strodes could thereafter petition the court of appeals to judicially review the TERC's actions. The Supreme Court reversed, holding that the motions were timely filed before the TERC, and therefore, the time to petition to the court of appeals was tolled, and the court had jurisdiction over the appeals. Remanded to the TERC with directions to consider the merits of the Strodes' motions for rehearing. View "Strode v. Saunders County Bd. of Equalization" on Justia Law

Appellant William Sellers injured his left knee in the course of his employment with Reefer Systems and sought workers' compensation benefits. The Nebraska workers' compensation court determined that Sellers was entitled to future medical care for the knee injury. A review panel of that court affirmed the award but modified it to exclude knee replacement surgery at present, as the evidence as of the date of trial did not support such a finding. The Supreme Court affirmed, holding that the modification did not limit Sellers' ability to claim workers' compensation benefits relating to any future knee replacement surgery, and thus, the compensation court review panel did not err in affirming the award as modified. View "Sellers v. Reefer Sys., Inc." on Justia Law

On April 30, 2010, Midwest Renewable Energy and Marquette Equipment Finance (Marquette) filed a Nebraska personal property return that reported a value of zero dollars for three items involving ethanol manufacturing equipment. The tax assessor determined that the taxable value of the property should have been $4,170,149 and changed the value on the return. Marquette appealed the action of the assessor. On July 19, 2010, the county board of equalization upheld the assessor's action. Republic Bank, which had rights in the property, did not receive a copy of the Board's decision from Marquette until August 20, 2010. Republic subsequently appealed. The Nebraska Tax Equalization and Review Commission (TERC) received the appeal on August 23, 2010. TERC dismissed the appeal as untimely under Neb. Rev. Stat. 77-12.33.06(4) because it was filed more than thirty days after the decision of the county board of equalization. The Supreme Court affirmed, holding that TERC correctly concluded that it lacked subject matter jurisdiction to consider the appeal, as it was not timely filed under section 77-1233.06(4). View "Republic Bank v. Bd. of Equalization" on Justia Law

Midwest Renewable Energy and Marquette Equipment Finance (Marquette) executed a master lease agreement for certain manufacturing equipment, including two distillation columns. Later, Marquette assigned its interest in the lease to Prime Alliance Bank and agreed to file personal property tax returns on the equipment as an agent for Prime Alliance. On April 30, 2010, Marquette filed a personal property return with the county assessor that showed the taxable value of the two distillation columns as $0. The assessor changed the value of the columns to $776,832. Prime Alliance challenged the assessor's change, and, on July 19, 2010, the county Board of Equalization upheld the change. On August 23, 2010, Prime Alliance filed an appeal from the order to the Nebraska Tax Equalization and Review Commission (TERC). TERC dismissed the appeal as untimely. The Supreme Court affirmed, holding that TERC did not err in dismissing the appeal for lack of subject matter jurisdiction, as the appeal was not timely filed under Neb. Rev. Stat. 77-1233.06(4). View "Prime Alliance Bank v. Bd. of Equalization" on Justia Law

Junior river water appropriators Jack Bond and Joe McClaren Ranch filed a request for a hearing before the Nebraska Department of Natural Resources (Department), challenging the validity of the Department's administration of water in response to a call for administration placed by the Nebraska Public Power District (NPPD). The Department joined the matter as a party litigant against the junior appropriators. Following a hearing, the director of the Department determined that the water administration was proper and denied the junior appropriators' challenge to the sufficiency of the closing notices issued to upstream junior appropriators. The junior appropriators appealed. At issue on appeal was whether the issues of nonuse and abandonment alleged by the junior appropriators were properly before the Department. The Supreme Court reversed the order, holding that the Department erred in refusing to determine the junior appropriators' challenge to the validity of NPPD's appropriations. Remanded with directions to determine whether NPPD's appropriations had been abandoned or statutorily forfeited in whole or in part. View "Bond v. Neb. Pub. Power Dist." on Justia Law

Appellees, three Nebraska non-profit organizations and a resident taxpayer, brought an action against the Nebraska Liquor Control Commission and its director, seeking a declaration that the Commissioner's regulations were illegal and void because the Commission had exceeded its authority under the Nebraska Liquor Control Act by classifying flavored malt beverages as beer rather than spirits, which were taxed at a much higher rate under the Act. The district court concluded (1) Appellees had standing to challenge the Commission's regulation, and (2) the flavored malt beverages were spirits under the Act. The Supreme Court affirmed, holding (1) the court correctly concluded that the taxpayer had taxpayer standing to assert this claim, and therefore, it was unnecessary for the Court to consider whether the nonprofits also had standing; and (2) the Commission exceeded its statutory authority by classifying and taxing flavored malt beverages as beer, as the Act unambiguously required flavored malt beverages to be classified as spirits. View "Project Extra Mile v. Neb. Liquor Control Comm'n" on Justia Law

This case involved a dispute between AT&T Communications and TCG Omaha (collectively AT&T) and the Nebraska Public Service Commission (PSC) regarding the correct interpretation of Neb. Rev. Stat. 86-140, which governs the regulation of access charges. In its order, the PSC determined that telecommunications companies like AT&T could seek the negotiation and review of access charges under section 86-140 only when a local exchange carrier had implemented new or revised access charges, and not "at will." The district court reversed in part and in part modified the decision of the PSC. The Supreme Court reversed the decision of the district court placing certain limitations on the section 86-140 negotiation and review process, holding that the plain language of the statute envisions both a negotiation and review process that are not limited by the statute. Remanded. View "AT&T Commc'ns v. Neb. Pub. Serv. Comm'n" on Justia Law

On March 21, 2006, Julie Lovelace was injured in the course of her employment with the City of Lincoln. Lovelace continued to work after her injury up until June 22, 2006, the date of the surgery on her knee. Lovelace returned to work on October 2, 2006 until November 6, 2007, when she was again injured. Lovelace had another surgery on her left knee on December 19, 2007. Lovelace did not return to work, and the City subsequently terminated her employment. Lovelace sought payments for temporary total disability. The workers' compensation court found Lovelace had been temporarily totally disabled from June 22, 2006 through October 1, 2006, and again from December 19, 2007 through August 19, 2009, and thereafter became permanently and totally disabled. A three-judge panel of the compensation court affirmed in part and reversed in part. The Supreme Court affirmed, holding (1) Lovelace was not entitled to permanent total disability benefits for the period of time after she was injured and while she was working between October 2, 2006 and December 18, 2007; and (2) Lovelace was entitled to permanent total disability payments from December 19, 2007 onward. View "Lovelace v. City of Lincoln" on Justia Law

Jan Ginapp, a registered nurse, was injured on the job in a violent assault committed by a patient who had been admitted to the hospital after he was taken into emergency protective custody by the City of Bellevue police department. Ginapp sued Bellevue, alleging that her injuries resulted from the police department's negligence. The district court entered judgment for Ginapp against Bellevue. The Supreme Court reversed, holding (1) the district court erred in concluding that the patient was in Bellevue's custody at the time of the assault and that Bellevue law enforcement acted unreasonably in transporting the patient to the hospital and permitting him to be admitted; and (2) therefore, the court erred in finding that Bellevue was liable for Ginapp's injuries. View "Ginapp v. City of Bellevue" on Justia Law