Justia Government & Administrative Law Opinion Summaries

Articles Posted in Nebraska Supreme Court
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The Supreme Court reversed the judgment of the compensation court denying James Spratt's request seeking to modify his workers' compensation award, holding that the compensation court erred in holding that it lacked the statutory to do so and, alternatively, that the principal of finality precluded relief.Spratt injured his back while working for Crete Carrier Corporation and received a workers' compensation award granting medical rehabilitation services for his lumbar back. Spratt subsequently requested that the compensation court modify the original award so that he may receive thoracic back treatment. The compensation court denied Spratt's request for modification. The Supreme Court reversed, holding (1) the compensation court erred in concluding that it lacked the power to modify the original award to treat Spratt's thoracic back; and (2) modification was not precluded by the law-of-the-case doctrine. View "Spratt v. Crete Carrier Corp." on Justia Law

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The Supreme Court affirmed the order of the Department of Motor Vehicles revoking Appellant's operator's license, holding that there was no error.Following a second hearing, the hearing officer recommended an order revoking Appellant's operator's license. The district court affirmed. On appeal, Appellant argued, among other things, that the district court erred in finding that the Department had jurisdiction to revoke Appellant's operator's license because the submitted report was not properly sworn to by the arresting officer. The Supreme Court affirmed, holding that the district court did not err in affirming the Department's revocation of Appellant's operator's license. View "Pope v. Department of Motor Vehicles" on Justia Law

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The Supreme Court dismissed this appeal from the judgment of the district court dismissing Appellants' appeal from a decision of the Madison County Board of Commissioners for lack of appellate jurisdiction, holding that this Court lacked jurisdiction.At issue in this appeal was the Madison County Board of Commissioners' approval of the Elkhorn Valley Sportsman Club's application for a conditional use permit. Appellants appealed the Board's decision to the district court, which dismissed the appeal for failure to pay the docket fee. The Supreme Court dismissed Appellants' subsequent appeal, holding that the district court did not err in dismissing this appeal from the Board's determination for lack of appellate jurisdiction. View "Kowalewski v. Madison County Board of Commissioners" on Justia Law

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The Supreme Court reversed the decision of the district court dismissing for lack of subject matter jurisdiction Main St Properties LLC's (MSP) complaint seeking to enjoin a zoning ordinance adopted by the city council for the City of Bellevue, holding that the court erred in dismissing MSP's complaint.After MSP received a notice of zoning violation MSP appealed to the board of adjustment, which upheld the zoning violation. While MSP's appeal was pending, the city council approved an ordinance to rezone MSP's property. MSP then filed a complaint for declaratory and injunctive relief against the City. The district court granted the City's motion to dismiss, concluding that the court lacked subject matter jurisdiction because MSP failed to file a petition in error. The Supreme Court reversed and remanded the cause for further proceedings, holding that the complaint was sufficient to survive a motion to dismiss. View "Main St Properties LLC v. City of Bellevue" on Justia Law

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The Supreme Court affirmed the judgment of the district court affirming the determination of the Nebraska Accountability and Disclosure Commission (NADC) that Timothy Moore, while serving as the chair of the board of trustees for the village of Madrid, Nebraska, violated the Nebraska Political Accountability and Disclosure Act (NPADA), Neb. Rev. Stat. 49-1401 to 49-14,142, holding that there was no error.The NADC found that Moore violated the NPADA by having an interest in a contract with the Village Board by having an interest in a contract with the Village Board and failing to comply with the disclosure and abstention requirements of Neb. Rev. Stat. 49-14,103.01(5). The district court affirmed. On appeal, Moore argued that the district court erred in finding that he had a sufficient interest in the contract with the Village Board to trigger the disclosure and abstention provisions of section 49-14.103.01(5). The Supreme Court affirmed, holding (1) Moore was not exempted from the disclosure and abstention requirements of section 49-14.013.01(5); and (2) the district court's judgment conformed to the law, was supported by competent evidence, and was neither arbitrary, capricious, nor unreasonable. View "Moore v. Nebraska Accountability & Disclosure Commission" on Justia Law

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The Supreme Court affirmed the decision of the Tax Commission affirming the deficiency assessment imposed by the Nebraska Department of Revenue upon a Nebraska corporation, which purchased an interest in an airplane from a Kansas seller without paying Nebraska sales or use taxes, holding that there was no error.The Department issued a notice of deficiency determination to the corporation in the total amount of $161,373. The corporation appealed, claiming that no taxes were owed because the airplane purchase was a "sale for resale." The Tax Commission found that the purchase was not a sale for resale and affirmed the Department's deficiency assessment. The district court affirmed. The Supreme Court affirmed, holding that the district court's finding that the corporation's airplane purchase did not qualify as a nontaxable sale for resale was supported by sufficient competent evidence and was not contrary to law. View "Big Blue Express v. Nebraska Department of Revenue" on Justia Law

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The Supreme Court vacated the order of the compensation court requiring Defendants to modify an existing home or potentially build a unit to meet the accessibility requirements of Allen Michael Lewis, holding that the compensation court's order did not provide a meaningful basis for appellate review.Lewis was injured in the course of his employment with MBC, resulting in the amputation of his left leg. Because of his restrictions, Lewis sought modification of his rental property from MBC and filed a motion to compel that would direct MBC to build the accessible house for his use. The compensation court found that Lewis' proposed house was not reasonable and necessary but directed MBC either to find an existing home to which modifications could be made or, alternatively, to provide housing for Lewis by either building or purchasing an accessible home for him. The Supreme Court vacated the order below, holding (1) the compensation court's order was confusing and the undertakings of each party were unclear; and (2) this case is remanded for the compensation court to enter an order in compliance with Workers' Comp. Ct. R. Of Proc. 11. View "Lewis v. MBC Construction Co." on Justia Law

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The Supreme Court affirmed the decision of Nebraska's Commission of Industrial Relations (CIR) dismissing a complaint brought by a bargaining agent against a public employer for prohibited labor practices, holding that the public employer did not commit any of the prohibited practices alleged in the complaint.Fraternal Order of Police Lodge 31 (FOP), the exclusive collective bargaining agent for a bargaining unit consisting of members of the York Police Department, brought this action against the City of York as the political subdivision that employed FOP's bargaining unit. FOP alleged that, in relation to a residency requirement for a promotion, the Department engaged in prohibited labor practices. The CIR dismissed the petition and refused to award attorney fees. The Supreme Court affirmed, holding that the Department did not commit any of the alleged prohibited labor practices. View "Fraternal Order of Police v. City of York" on Justia Law

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The Supreme Court affirmed the decision of the court of appeals reversing and vacating an award of penalties and attorney fees, holding that, for reasoning different from the court of appeals, the court of appeals did not err when it reversed the award of penalties and attorney fees.Martin Boring filed a petition against Zoetis LLC in the Nebraska Workers' Compensation Court (WCC) claiming a compensable injury arising from his employment with Zoetis. The WCC awarded Boring temporary and permanent benefits and ordered Zoetis to pay Boring penalties and attorney fees under Neb. Rev. Stat. 48-125. The court of appeals affirmed the benefits award but vacated the award of penalties and attorney fees. The Supreme Court affirmed, holding that the WCC erred when it found that there was no reasonable controversy based solely on its reliance on the judicial admission in Zoetis' answer. View "Boring v. Zoetis LLC" on Justia Law

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The Supreme Court affirmed the order of the district court affirming the decision of the Nebraska Law Enforcement Training Center (NLETC) denying Plaintiff's application to obtain certification to work in law enforcement in Nebraska, holding that the district court did not commit plain error.Plaintiff, who previously served as a law enforcement officer in Georgia, applied to obtain certification to work in Nebraska law enforcement. In denying the application, the NLETC determined that Plaintiff had provided answers regarding his personal background that were untrue and failed to disclose requested information. After an administrative hearing, the Police Standards Advisory Council upheld the decision. The district court affirmed. The Supreme Court affirmed, holding that the district court did not plainly err by upholding the denial of Plaintiff's application for reciprocity certification. View "Swicord v. Police Standards Advisory Council" on Justia Law