Kingery Constr. Co. v. 6135 O St. Car Wash, LLC, 312 Neb. 502 (2022). Construction contracts routinely contain arbitration provisions. Under the Federal Arbitration Act (the “Act”), those provisions can displace the parties’ rights to sue. 9 U.S.C. § 2. Section 3 of the Act requires courts to stay any […]
Dirt Alert
Nebraska Supreme Court: Board of Equalization Does Not Have Authority to Waive a Statutory Filing Deadline
on Monday, 12 September 2022 in
Dirt Alert: David C. Levy, Editor
Mid America Agricultural Products v. Perkins County Board Of Equalization, 312 Neb. 341 (2022). Nebraska law requires any person challenging a property’s assessment to file a protest with the county Board of Equalization on or before June 30. Neb. Rev. Stats. § 77-1502(1).[1] The Nebraska Administrative Code provides that if the […]
Congress Approves $369 Billion in Climate Spending, Commits to Expedite Environmental Permitting
on Tuesday, 16 August 2022 in
Dirt Alert: David C. Levy, Editor
On August 16, 2022, President Joe Biden signed the Inflation Reduction Act of 2022 (“Act”) into law. The Act makes major changes to prescription-drug pricing, corporate taxes and climate change. (For the Act’s implications to corporate tax, see our Inflation Reduction Act – Key Tax Provisions article.) Most new spending […]
Nebraska Supreme Court: Extension of Natural-Gas Main is in “Public Interest” Despite Prior Agreement
on Tuesday, 28 June 2022 in
Dirt Alert: David C. Levy, Editor
In re App. No. P-12.32 of Black Hills Neb. Gas, 311 Neb. 813 (2022). The Nebraska Public Service Commission (“PSC”) has broad authority to regulate natural-gas providers in Nebraska. Under Nebraska Revised Statutes section 66‑1863, a provider must obtain PSC approval before expanding or enlarging its service area.[1] The standard […]
Nebraska Supreme Court: Possible Loan Release Makes Summary Judgment Premature for Partition Action
on Tuesday, 7 June 2022 in
Dirt Alert: David C. Levy, Editor
Humphrey v. Smith, 311 Neb. 632 (2022). A partition action asks a court to split a property between multiple owners. Here, two people bought a house together. One loaned the other $25,000 of the $35,000 purchase price. The lender, in turn, promised to release his name from the deed once […]