Picture this – your bank has an existing revolving line of credit secured by improved real estate, and the borrower and bank have agreed to increase the principal amount of the line of credit. The bank’s outside legal counsel documented and closed the original loan transaction, so you call counsel […]
Publications
Ambiguous Organizing Documents Can Be Costly for Homeowners’ Associations
On April 1, 2014, the Nebraska Court of Appeals decided Oak Hills Highlands Association, Inc. v. Estate of LeVasseur. The case involved interesting facts and a lesson for homeowners’ associations. Bylaws, declarations, and other organizing documents need to be written in unambiguous language. Specifically, if a homeowners’ association intends to […]
Nebraska Supreme Court Clarifies “Gap and Extend” Law
The Nebraska Supreme Court affirmed a city’s use of the “gap and extend” law in Johnson v. City Fremont. Nebraska Revised Statutes section 18-2001, permits a city to “pave any unpaved street . . . which intersects a paved street for a distance of not to exceed one block on […]
Nebraska Supreme Court Affirms Exemption from the Nebraska Municipal Gas System Condemnation Act
The Nebraska Supreme Court affirmed a district court’s decision to allow a municipality to use general condemnation procedures to acquire gas facilities in an area that the municipality annexed. See SourceGas Distribution LLC v. City of Hastings, 287 Neb. 595 (2014). The Supreme Court’s decision affirmed a powerful exemption from […]
Nebraska Supreme Court Holds Implied Easements Attach to Land by Judicial Decree
When purchasing real estate in Nebraska, purchasers should take notice of the Nebraska Supreme Court’s recent decision in Woodle v. Commonwealth Land Title Insurance Company. In this case of first impression, the court held that implied easements do not actually exist until a court recognizes the existence of the same, […]