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 […]
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Nebraska Supreme Court: Municipal Ordinance Held Valid to Impose Landlord Guaranty of Utility Services
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
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
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 […]
Nebraska Supreme Court: Board of Equalization Does Not Have Authority to Waive a Statutory Filing Deadline
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 […]