Justia Nebraska Supreme Court Opinion Summaries

John and Betty Vlasin leased the oil and gas rights to their land to Ranch Oil Company. Ranch Oil operated on one-half of the land in the lease and Byron Hummon operated on the other half. After the primary term of the lease expired and the wells stopped producing oil, the Vlasins entered into a new lease agreement with Hummon which encompassed the entirety of their land. Thereafter, Ranch Oil took action to revive one of its dormant wells, relying on a savings provision of the lease, which stated that the lease shall not terminate if the lessee commences operations for drilling a well within sixty days from such cessation. Plaintiffs, the Vlasins and Hummon, brought suit against Ranch Oil for declaratory judgment, trespass, and conversion. The court ruled in favor of Plaintiffs but awarded only nominal damages. The Supreme Court affirmed, holding that the district court did not err in concluding (1) Ranch Oil's activities on the Vlasins land did not operate so as to extend Ranch Oil's interest in the lease, and (2) Plaintiffs failed to prove they were entitled to damages under trespass and conversion claims, and the Vlasins were entitled only to nominal damages. View "Bedore v. Ranch Oil Co." on Justia Law

These two consolidated appeals arose from actions taken by American National Bank (ANB) to execute on a judgment against Michael Medved, an Arizona resident with business interests in Nebraska. Medved's wife, Laura, unsuccessfully sought to intervene in an action ANB filed against Medved in the district court for Douglas County. The district court denied her motion and issued charging orders against Medved's transferable interest in three Nebraska limited liability companies. Laura also unsuccessfully sought to intervene in an action filed in the district court for Sarpy County. The Sarpy County action resulted in a garnishment of Medved's wages. Medved appealed and Laura cross-appealed, arguing that the Nebraska order violated their rights under Arizona community property law because the earnings and distributions from the limited liability companies were Medved and Laura's community property and were protected by Arizona law. The Supreme Court affirmed, concluding that under either Arizona or Nebraska law, there was no error in the enforcement of the judgment. View "American Nat'l Bank v. Medved" on Justia Law

American Central City (ACC) appealed from two separate decisions of the district court. The cases were consolidated before the Supreme Court and involved complaints regarding the condemnation of three properties located in Lincoln, Nebraska. In the first case, a civil suit for damages apart from the condemnation award, ACC claimed it had compensable property interests for which it was not paid when the Joint Antelope Valley Authority (JAVA) and the City of Lincoln took its land through condemnation. In the second case, an appeal from the condemnation award, ACC argued that it did not receive adequate compensation for its land. The district court granted JAVA's motion for summary judgment in the civil suit and granted JAVA's motion to dismiss in ACC's appeal from the condemnation award. The Supreme Court affirmed, concluding that (1) in the appeal of the civil suit for damages, ACC did not present sufficient evidence to present a genuine issue of material fact; and (2) in the appeal from the condemnation award, ACC did not offer sufficient evidence to establish a prima facie case. View "American Central City, Inc. v. Joint Antelope Valley Auth." on Justia Law

James Tierney and Jeffrey Tierney brought an action against Four H Land Company and other defendants to compel them to lower the elevation of a lakeside housing development adjoining the Tierneys' land. The district court granted summary judgment in favor of the defendants, and the Tierneys appealed. While their appeal was pending the Tierneys discovered that the district court judge who issued the order harbored a personal prejudice against the Tierneys' attorney. The Supreme Court concluded that the three-factor test set forth in Liljeberg v. Health Services Acquisition Corp. is the best means of determining when the rulings of a judge who should have recused himself or herself will be vacated and adopted the test. Applying the Liljeberg test to the facts of the case, the Court concluded that the district court judge's order on the summary judgment motions should be vacated. View "Tierney v. Four H Land Co. Ltd." on Justia Law

Appellee Betty Vandenberg owned a parcel of land which she leased to individuals who farmed the land. The parcel contained a well, a pump, motor, gear box, and pipe, all of which were used to irrigate the land. The central issue of this case involves the irrigation pump, which hanged inside a cased well and was secured to the land with a cement cap and bolts. The County assessor determined that the pump was taxable as Appelleeâs personal property. She appealed to the Tax Equalization and Review Commission (TERC) which reversed the assessor and called the pump a fixture on the land. The County appealed TERCâs decision. The Supreme Court found that the pump is a trade fixture, a fixture that is taxed as personal property. The Court reversed TERCâs determination and remanded the case for further proceedings on the assessment of tax.