Justia Nebraska Supreme Court Opinion Summaries

At issue was whether the Platte River Whooping Crane Maintenance Trust, Inc. ("Crane Trust") was a charitable organization within the meaning of Neb. Rev. Stat. 77-202(1)(d).The Crane Trust sought a property tax exemption for six parcels of land ("subject properties") for tax year 2015. The Hall County Board of Equalization denied the application for a property tax exemption for the subject properties without giving an explanation. The Nebraska Tax Equalization and Review Commission ("TERC") affirmed the Board’s decision. The Supreme Court reversed, holding that the subject properties met the requirements for a charitable tax exemption under section 77-202(1)(d). View "Platte River Crane Trust v. Hall County Board of Equalization" on Justia Law

The Supreme Court reversed the district court order granting summary judgment in favor of Heritage Bank in this action for forcible entry and detainer against James Gabel, C.J. Land & Cattle, L.P., and MCGFF, LLC after James failed to pay rent on farmland pursuant to a lease agreement. In its order, the district court concluded that Heritage Bank was the trustee of the Charles L. Gabel Revocable Trust, that Defendants did not timely deliver the 2015 crop payment to the trustee, that Defendants had notice they were not in compliance with the terms of the lease, and that the defect was not cured within a reasonable amount of time. The Supreme Court reversed, holding (1) the record supported the district court’s finding that Heritage Bank was the trustee and had standing to bring this action; but (2) genuine issues of material fact remained regarding the other issues raised by Defendants, precluding summary judgment. View "Heritage Bank v. Gabel" on Justia Law

The Supreme Court affirmed the orders of the district court that denied Plaintiff’s discovery motions and granted summary judgment in favor of Defendants in this wrongful death action alleging medical malpractice.Plaintiff, personally and as personal representative of the estate of Mickley Lynn Ellis, sued Advanced Correctional Healthcare, Inc. and its agents in their individual and official capacities after Ellis, who was incarcerated in the Saunders County jail, died from a bilateral pulmonary embolism while being treated at the Saunders Medical Center. The district court granted summary judgment for Defendants, finding no material issue of fact as to causation. The Supreme Court affirmed, holding that the district court did not err in granting Defendants’ motion for summary judgment. View "Ewers v. Saunders County" on Justia Law

The district court did not have subject matter jurisdiction over Retroactive, Inc.’s appeal of the Nebraska Liquor Control Commission’s denial of its application for a Class C liquor license.Retroactive made an application of the Commission’s issuance of a Class C liquor license for its nightclub. The Commission denied the application. Retroactive then filed a petition for review, arguing that the Commission’s decision was arbitrary capricious and unsupported by the evidence, and exceeded the Commission’s authority. The City of Omaha filed a motion to dismiss for failure to name certain citizen objectors as “necessary parties” to the petition for review. The district court denied the motion and then reversed the Commission’s decision. The Supreme Court vacated the district court’s order reversing the Commission’s decision, holding that because Retroactive failed to include all parties of record in the Commission proceeding when it sought review in the district court, the court never acquired subject matter jurisdiction. View "Retroactive, Inc. v. Nebraska Liquor Control Commission" on Justia Law

The Supreme Court affirmed the judgment of the district court convicting Defendant of first degree murder, manslaughter, two counts of use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person, holding that Defendant’s allegations of error were without merit.On appeal, Defendant argued that evidence obtained pursuant to an alleged invalid warrant should have been excluded at his jury trial and that his counsel provided ineffective assistance. The Supreme Court disagreed, holding (1) Defendant’s first assignment of error was without merit; and (2) there was no merit to any of Defendant’s ineffective assistance of counsel claims. View "State v. Nolt" on Justia Law

The Supreme Court affirmed in part the district court’s decree of dissolution in this case, as modified, and vacated in part the decree.In its decree of dissolution, the district court dissolved the marriage of Mark Constot and Maria Onstot, divided their assets and debts, and awarded spousal support for Maria. The contested issues at trial, as relevant to this appeal, were the equitable division of the house Mark owned prior to the marriage and the determination of appropriate spousal support for Maria. The Supreme Court held (1) the order of spousal support was not an abuse of discretion; (2) the district court’s requirement that Mark refinance the mortgage on the house within sixty days was an abuse of discretion, and the decree is modified to extend the time period to six months from the filing of the mandate in the district court; and (3) the portion of the district court’s order stating that Mark’s support obligation would terminate upon Maria’s cohabitation with a significant other was vacated because Maria’s cohabitation with another person was not within the parties’ contemplation at the time of the entry of the decree. View "Onstot v. Onstot" on Justia Law

The Supreme Court affirmed in part and reversed and remanded in part an order of the county court resulting from a trust’s beneficiaries’ suit against Lyle A. Forgey, another beneficiary and trustee. The parties were beneficiaries of the Glenn G. Forgey Revocable Trust. Plaintiffs Marvel Forgey and her three children sought to remove Lyle as trustee, secure administration of the trust, value trust assets, divide those assets into separate trusts for the beneficiaries, and determine liabilities for alleged breaches of Lyle’s fiduciary duties. Bessie Forgey-McCoy and her two children, also beneficiaries, joined as interested parties. The county court valued and distributed trust assets, assessed damages against Lyle for estate tax interest and penalties, and declined to award attorney fees or costs. All parties appealed. The Supreme Court held that the county court (1) erred by not awarding damages for Lyle’s untimely reports and accountings of his failure to collect rents on behalf of the trust; (2) abused its discretion in declining to award attorney fees to Marvel, Bessie, and their children; and (3) otherwise did not err in its findings. View "In re Estate of Glenn G. Forgey" on Justia Law

The Supreme Court reversed the order of the Tax Equalization and Review Commission (TERC) affirming the decision of the Custer County Assessor regarding the 2012 taxable value of Donald V. Cain, Jr.’s agricultural property. On appeal, Cain argued, among other things, that the TERC violated his due process rights by not permitting him to argue how the preponderance of the evidence standard of proof applied to the adduced evidence. The court held (1) Cain waived the due process rights applicable in Liljestrand v. Dell Enterprises, 842 N.W.2d 575 (2014); and (2) TERC erred in affirming the Assessor’s valuations of Cain’s property for the 2012 tax year. View "Cain v. Custer County Board of Equalization" on Justia Law

The Supreme Court reversed the order of the Tax Equalization and Review Commission (TERC) affirming the decision of the Custer County Assessor regarding the 2012 taxable value of Donald V. Cain, Jr.’s agricultural property. On appeal, Cain argued, among other things, that the TERC violated his due process rights by not permitting him to argue how the preponderance of the evidence standard of proof applied to the adduced evidence. The court held (1) Cain waived the due process rights applicable in Liljestrand v. Dell Enterprises, 842 N.W.2d 575 (2014); and (2) TERC erred in affirming the Assessor’s valuations of Cain’s property for the 2012 tax year. View "Cain v. Custer County Board of Equalization" on Justia Law

The district court erred in concluding that because of arbitration and venue provisions in an employment contract between the parties, it lacked jurisdiction.Nearly three years into the litigation in this case, the Douglas County District Court indefinitely stayed a claim for dissolution of one business entity, a party in the case, and dismissed sua sponte all other claims, noting that the employment contract contained arbitration and venue provisions that were outside the district court’s jurisdiction. The Supreme Court reversed the stay and dismissal order and remanded the case for further proceedings, holding that because no party sought to enforce the arbitration agreement, it was error for the district court to do so on its own accord. View "Boyd v. Cook" on Justia Law