Get above the noise
Log in for answers tailored to you — saved chats, your topics, and the full IJR suite.
In Re Interest of Jorge O.
Nebraska Supreme Court · 2010-07-30 · cited 16×
This case involved consolidated appeals by the Nebraska Department of Health and Human Services (DHHS) challenging two juvenile court orders that committed juveniles Jorge O. and Deng M. to the custody of the Office of Juvenile Services (OJS) for placement at the Youth Rehabilitation and Treatment Center (YRTC). The orders also stated that the juveniles could not be discharged from YRTC without juvenile court approval and scheduled post-discharge review hearings. The Nebraska Supreme Court affirmed the commitments to YRTC but vacated the portions of the orders granting the juvenile court discharge authority and requiring review hearings. The court reasoned that the Health and Human Services, Office of Juvenile Services Act specifically empowers OJS, not the juvenile court, to determine discharges from YRTC, and that the juvenile court's orders exceeded its statutory authority under the relevant provisions of the Nebraska Juvenile Code.
criminal lawfamily lawprocedure
Aw v. Lancaster County School Dist. 0001
Nebraska Supreme Court · 2010-07-16 · cited 398×
The case involved a mother suing a school district on behalf of her kindergarten son who was sexually assaulted in a school restroom by an intruder who entered the building without signing in. The district court granted summary judgment to the school district on the ground that the assault was not foreseeable. The Nebraska Supreme Court reversed and remanded, holding that questions of foreseeability are factual matters for the finder of fact to consider in determining breach of the duty of reasonable care rather than legal questions of duty. The court found a genuine issue of material fact regarding whether the school's conduct satisfied that duty.
torts & liabilityprocedure
State v. Lebeau
Nebraska Supreme Court · 2010-07-16 · cited 81×
The case involved Laura Lebeau, charged with violating an Omaha city ordinance against telephone harassment after leaving messages for her ex-husband. Lebeau filed motions to discharge the case on statutory speedy trial grounds, arguing that the six-month period under Neb. Rev. Stat. § 29-1207 began when the complaint was filed in September 2008 and had expired by the time of her March 2009 arraignment. The lower courts denied the motions, applying an "intimate partner" exception in § 29-1207(2) that would start the clock from the date of arrest instead. The Nebraska Supreme Court reversed, holding that the exception applies only to misdemeanor offenses under the domestic assault statute (§ 28-323) and does not extend to prosecutions for city ordinance violations, so no excludable periods existed and the speedy trial deadline had passed. The court remanded with directions to dismiss the complaint.
criminal lawprocedure
Vitalix, Inc. v. Box Butte County Board of Equalization
Nebraska Supreme Court · 2010-07-09 · cited 24×
The case involved Vitalix, Inc., a manufacturer of livestock nutritional supplements leasing city-owned land in Alliance, Nebraska, where it built a warehouse addition using community redevelopment funds; the county assessor taxed the addition at over $570,000, and the Board of Equalization and Tax Equalization and Review Commission denied Vitalix's claimed exemption. Vitalix appealed, arguing the addition qualified as exempt public property used for a public purpose under Neb. Rev. Stat. § 77-202(1)(a). The Nebraska Supreme Court affirmed the denial, holding that the addition was owned by Vitalix rather than the city for taxation purposes under the statute governing improvements on leased public lands, and that operating a for-profit business did not constitute a public purpose even though redevelopment funds were used. The court rejected a parties' stipulation as improperly addressing a legal conclusion on ownership and found no error in the lower decisions.
taxesproperty
Schlatz v. Bahensky
Nebraska Supreme Court · 2010-07-09
This case involves a dispute over ownership of two parcels of real estate in Merrick County, Nebraska, between the cotrustees of the American Family Trust (which holds the last recorded deed) and an heir to the estate of Irene Bahensky. The district court granted summary judgment to the heir, quieting title in Irene's name after determining that an earlier trust (the M & I Bahensky Trust) was invalid and created a resulting trust in Irene, rendering all subsequent conveyances void. The Nebraska Supreme Court reversed and remanded for further proceedings, concluding that Irene retained the power to transfer the property after the invalid trust and that genuine issues of material fact exist regarding the validity of later transfers, such as the 1988 deed to the Green Acres Trust, for which supporting trust documents are missing from the record.
property
NEBCO, INC. v. Murphy
Nebraska Supreme Court · 2010-07-02 · cited 31×
This case involved NEBCO's appeal of two district court orders concerning unemployment benefits for its former truck driver employee, Theresa Murphy, who was terminated after five driving accidents over three years. The Nebraska Supreme Court affirmed the lower courts' rulings that Murphy was not partially disqualified from receiving benefits under Neb. Rev. Stat. § 48-628(2) because the evidence did not establish misconduct, as the accidents reflected negligence at most but not the required level of culpability, wrongful intent, or recurrence showing evil design, with some incidents attributable to site conditions and others separated by significant time after prior discipline. The court also affirmed that NEBCO's unemployment insurance experience account was chargeable for the benefits paid, since the separation was not for disqualifying misconduct under the relevant statutes.
labor & employment