Kobza v. Bowers, 23 Neb. App. 118 (2015). The Kobzas (“Kobza”) and Bowerses (“Bowers”) owned adjacent residential lots, and a drainage way passed through the properties. Kobza’s basement flooded, and he installed a dewatering well with an outflow pipe connected to another pipe running underneath the Bowers property, discharging water […]
Publications
Nebraska Supreme Court Upholds a Sarpy County Zoning Ordinance That Exempts Property Owners Who Filed a Plat Prior to the Adoption of the Ordinance
Dowd Grain Co. v. Sarpy Cnty., 291 Neb. 620 (2015). The Nebraska Supreme Court upheld the constitutionality of an overlay zoning ordinance that exempts properties platted before the effective date of the ordinance. In doing so, the court rejected a non-exempt landowner’s claim that the ordinance is unconstitutional. In March […]
Nebraska Supreme Court Holds a Unit Owner Could Bring a Derivative Action on Behalf of His Condominium Association
McGill v. Lion Place Condo. Ass’n, 291 Neb. 70 (2015). Paul McGill and Michael Henery developed the Lion Place Condominium (“Lion Place”) in Omaha, Nebraska. They recorded a Declaration of Condominium Property Regime (the “Declaration”) for Lion Place that established twelve residential units, four commercial units, common elements, and limited […]
NY Federal Judge Rules on False Claims Act’s 60-Day Rule
The August 3, 2015 ruling in Kane ex rel. United States et al. v. Healthfirst et al. is the first judicial interpretation of the 60-day rule under the federal False Claims Act. Many seminar hours have been spent among health lawyers as they sought to understand what it would take […]
Innovation Act Hindered in House
Innovation is a key driver for growth across all segments of the economy, from start-up business to large multi-billion dollar companies. Striking the proper balance between fostering and protecting innovation versus stifling it with too much, or too little regulation, is a difficult task. In recent years, there has been […]