Articles Posted in Nebraska Supreme Court

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The East Butler and Prague public school districts filed a petition for dissolution and merger with the Committee for the Reorganization of School Districts. Afterwards, Appellees, property owners, filed freeholder petitions with the Saunders County Freeholder Board to remove property owned by them from the Prague District into the Wahoo District. The Committee then approved the dissolution of merger. Before it became effective, the Board granted Appellees' petitions to move their property. East Butler subsequently appealed, alleging that the Board lacked jurisdiction because the Committee had exclusive jurisdiction over the matter or that the Committee had prior jurisdiction to act. The district court dismissed the appeal, concluding that under Neb. Rev. Stat. 79-458(5) the appeal was untimely and that East Butler lacked standing to challenge the Board's order. The Supreme Court reversed, holding (1) because East Butler had a valid merger petition that involved the same property pending at the time of Appellees' freeholder petitions, it had sufficient interest in the matter to invoke the court's jurisdiction; and (2) the appeal was timely. Remanded. View "Butler County Sch. Dist. v. Freeholder Petitioners" on Justia Law

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Dwight Trumble owned property in Sarpy County and paid two levies for the support of school districts in the Learning Community of Douglas and Sarpy Counties (Learning Community). Trumble subsequently brought suit under Neb. Rev. Stat. 77-1735 against the school districts in the Learning Community, claiming the levies were unconstitutional. The district court determined it did not have jurisdiction and dismissed the case. The Supreme Court affirmed, holding (1) a suit to recover unconstitutional taxes cannot be brought under section 77-1735; (2) Trumble filed suit outside the tax year in which the challenged taxes were levied or assessed, so the district court did not have jurisdiction under Neb. Rev. Stat. 25-21,149; and (3) since the district court lacked jurisdiction, it properly dismissed the action. View "Trumble v. Sarpy County Board" on Justia Law

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John Doe filed a lawsuit arising from the termination of his enrollment as a medical student at the University of Nebraska Medical Center (UNMC) against the Board of Regents of the University of Nebraska and several faculty members (Defendants). During the pendency of the case, all causes of action except the claim for breach of contract were dismissed. The district court determined that Doe's dismissal was not in violation of a contract between Doe and UNMC regarding the conditions of Doe's continued enrollment. The court then sustained Defendants' motion for summary judgment, dismissing Doe's cause of action for breach of contract and thereby dismissing the case. The Supreme Court affirmed, holding that UNMC did not breach its contract with Doe when it terminated his enrollment, and although the Court's reasoning differed from that of the district court, the court did not err when it sustained Defendants' motion for summary judgment. View "Doe v. Bd. of Regents" on Justia Law

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In 2010, the Learning Community of Douglas and Sarpy Counties established a common levy for the general fund budgets of its eleven member school districts. After Sarpy County levied this tax on real property, three taxpayers brought an action in the district court seeking a declaration that the tax was unconstitutional. The Learning Community, each of its member school districts, and the Sarpy County treasurer were named defendants in the action. The district court declared the Learning Community's common levy was unconstitutional as a property tax for state purposes. The Learning Community and two of its member school districts appealed. The Supreme Court reversed, holding (1) Neb. Rev. Stat. 77-34442(2)(b), which provides that a learning community may establish a levy for general fund budgets of its member school districts, serves a predominantly local purpose, not a state purpose; and (2) because all members of the learning community received benefits from taxes levied and the levy was uniform throughout the community, there was no violation of either the Nebraska Constitution's prohibition of commutation or the uniformity clause. Remanded with directions to dismiss. View "Sarpy County Farm Bureau v. Learning Cmty. of Douglas & Sarpy Counties" on Justia Law