The First Regular Session of the 108th Nebraska Legislature convened on January 4, 2023. As of January 13, 82 legislative days remain in the session. The Legislature will adjourn sine die on June 9, 2023. Bill introduction will conclude on January 18. Through the first five days of bill introduction, we identified […]
Dirt Alert
Nebraska Supreme Court: State Traffic Laws Preempt Contrary Municipal Ordinances
on Friday, 6 January 2023 in
Dirt Alert: David C. Levy, Editor
State v. Albarenga, 313 Neb. 72 (2022). After observing Seidy Albarenga run a red light, a Lincoln police officer pulled her over. Albarenga had turned left from a one-way street onto another one-way street despite a left-turn signal that showed solid red. Lincoln Municipal Code section 10.12.030 prohibits drivers from […]
Nebraska Supreme Court: Municipal Ordinance Held Valid to Impose Landlord Guaranty of Utility Services
on Monday, 14 November 2022 in
Dirt Alert: David C. Levy, Editor
REO Enters. v. Village of Dorchester, 312 Neb. 792 (2022). This case concerns a municipal ordinance the Village of Dorchester (“Village”) enacted. Plaintiff contested a portion of the ordinance requiring a landlord to guarantee a tenant’s utility service. The Plaintiff challenged the ordinance under several legal theories, including the prohibition […]
Nebraska Supreme Court: Landowners Can Reduce Tax Burden by Showing Systematic Under-Valuation of Comparable Property
on Wednesday, 9 November 2022 in
Dirt Alert: David C. Levy, Editor
Lancaster Cnty. Bd. of Equalization v. Moser, 312 Neb. 757 (2022). The Nebraska Constitution requires property-tax rates and valuations to be “uniform[]” and “proportionate[].” Neb. Const. art. VIII, § 1. What this means in practice is that a landowner can reduce his or her tax burden, but only to the […]
Nebraska Supreme Court: Litigating May Cause Waiver of Right to Arbitrate Even Absent Prejudice
on Friday, 30 September 2022 in
Dirt Alert: David C. Levy, Editor
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 […]
