Justia Real Estate & Property Law Opinion Summaries

The case is a dispute over the boundaries of two land tracts, Government Lot 1 (GL1) and Government Lot 7 (GL7), located in Howard County, Nebraska, owned by Judith Puncochar and the Rudolfs and the Sacks (GL7 Owners) respectively. The Nebraska Supreme Court affirmed the lower court's decision that the boundary between the properties lay at the thread of the Middle Loup River.The appellant, Puncochar, argued that the original government survey generated a metes and bounds description with four linear sides for GL1, instead of a description with a riparian side. However, the court disagreed and found the original government survey and the accompanying field notes showed GL1 to be riparian, meaning it bordered the river. As a result, the court determined that the boundary between GL1 and GL7 is the thread of the river.The court also addressed Puncochar's argument regarding a fixed acreage of 53 acres for GL1 specified in the patent. The court clarified that the original survey, which depicted a riparian boundary and was part of the patent, was controlling and gave no assurance that the size of the riparian property would remain fixed at any particular size.The court affirmed the district court's entry of summary judgment establishing the boundary between GL1 and GL7 as the thread of the stream of the Middle Loup River. View "Puncochar v. Rudolf" on Justia Law

In the case before the Nebraska Supreme Court, Fountain II, LLC, a commercial real estate development company, disputed the denial of special valuation as agricultural or horticultural land, commonly known as "greenbelt status", for a 19.9-acre property it owned in Douglas County, Nebraska. The Douglas County Board of Equalization had denied the company's application for greenbelt status for the tax year 2018, arguing that the property was not primarily used for agricultural or horticultural purposes. The Tax Equalization and Review Commission (TERC) affirmed the county board's decision.Upon appeal, the Nebraska Supreme Court reversed TERC's decision and remanded the case with instructions to sustain the company's protest. The court found that TERC erred in considering the property's use as of July 15, 2018, instead of as of January 1, 2018, as required by Nebraska law. The court also found that the county board's decision was arbitrary and unreasonable, and TERC's decision was not supported by competent evidence, as the evidence showed that the property was primarily used for agricultural purposes as of January 1, 2018. View "Fountain II, LLC v. Douglas Cty. Bd. of Equal." on Justia Law

The Supreme Court affirmed the determination of the director of the Department of Natural Resources that each purported objector to an application seeking an interbasin transfer to divert surface water from an over-appropriated Platte River reach to the Republican River Basin, holding that the purported objectors lacked standing.Several objector entities filed objectives to the operative application, but the director dismissed all of those entities for lack of standing. The Supreme Court affirmed, holding (1) to have standing in this surface water appropriation case Appellants were required to meet the common-law standard; and (2) because Appellants' allegations did not demonstrate that they had or will suffer an injury in fact each failed to establish standing. View "In re Application A-19594" on Justia Law

The Supreme Court affirmed the order of the district court denying Appellant's plea in bar alleging that a trial on the pending charges for violations of the Uniform Controlled Substances Act would subject him to Double Jeopardy, holding that forfeiture under Neb. Rev. Stat. 28-431, as amended in 2016, is civil in nature, and therefore, the district court did not err in denying the plea in bar.In his plea in bar, Appellant argued that he was already criminally punished for the same crime in a separate forfeiture action brought pursuant to section 28-431. In denying the plea in bar, the district court concluded that Appellant had failed to demonstrate he was punished by the forfeiture. The Supreme Court affirmed, holding that the sanction imposed by forfeiture under section 28-431 is civil and not criminal for purposes of a double jeopardy analysis. View "State v. Dolinar" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court finding that Nancy Miles, Cheryl Bettin, and Robert Moninger would by unjustly enriched if they were not required to make reimbursement of taxes paid on the property at issue in this case during the time that Boone River, LLC and 11T NE, LLC held the tax certificate and tax deed, holding that the present lawsuit was barred by claim preclusion.Boone River purchased a tax certificate for the property owned by Miles, Bettin, and Moninger and obtained a tax deed. Boone River later transferred the property to 11T. When 11T sued to quiet title to the property the district court voided 11T's tax deed and quieted title to the property in Miles, Bettin, and Moninger. Thereafter, Boone River and 11T brought this lawsuit for unjust enrichment, seeking to be reimbursed for taxes paid on the property while they held they held the tax certificate and tax deed. The district court ruled in favor of Boone River and 11T. Miles and Bettin appealed, but Moninger did not. The Supreme Court reversed in part, holding that Miles and Bettin showed that this action was barred by claim preclusion. View "Boone River, LLC v. Miles" on Justia Law

The Supreme Court affirmed the summary judgment granted by the district court in favor of a non-shareholder officer and a non-shareholder former director in this suit brought by Landlord seeking to pierce the corporate veil of a commercial tenant (Tenant), who failed or refused to pay a judgment against it, holding that the district court did not err.Landlord sued Tenant for nonpayment of rent and recovered a judgment. When Landlord was unable to recover on its judgment it commenced the instant action seeking to pierce Tenant's corporate veil and hold a non-shareholder officer and a non-shareholder former director personally liable for the judgment against Tenant. The district court entered summary judgment in favor of Defendants and dismissed the case with prejudice. The Supreme Court affirmed, holding the factors did not weigh in favor of veil piercing. View "407 N 117 Street v. Harper" on Justia Law

The Supreme Court dismissed the appeal of the underlying eviction proceedings brought under Nebraska's Uniform Residential Landlord and Tenant Act (the NURLTA), Neb. Rev. Stat. 76-1401, holding that this case was moot.After Defendant allegedly breached the terms of her residential lease agreement Plaintiff, Defendant's landlord, terminated the lease. When Defendant refused to leave the property Plaintiff initiated eviction proceedings. The county court found in favor of Plaintiff and issued a writ of restitution. Defendant appealed, holding that section 76-1446, which mandates a bench trial for a possession action under the NURLTA, violated her constitutional right to a jury trial. The Supreme Court dismissed Defendant's appeal, holding that Defendant's arguments on appeal were moot, and none of the mootness exceptions applied. View "NP Dodge Management Co. v. Holcomb" on Justia Law

The Supreme Court vacated the district court's judgment awarding attorney fees in this action brought over a dispute between a general contractor and a property owner related to a residential construction contract but otherwise affirmed the judgment, holding that there was no statute or uniform course of procedure that allowed recovery of attorney fees on this record.After Property Owner failed to pay a construction lien General Contractor filed a breach of contract action and sought to foreclosure on the lien. Property Owner counterclaimed. The district court entered judgment in favor of General Contractor. Thereafter, the district court granted prejudgment interest in the amount of $49,946 and attorney fees in the amount of $115,473. The Supreme Court vacated the judgment in part, holding that the district court (1) erred in awarding attorney fees pursuant to Neb. Rev. Stat. 52-157 of the Nebraska Construction Lien Act; and (2) Property Owner was not entitled to relief on her remaining allegations of error. View "BCL Properties, Inc. v. Boyle" on Justia Law

The Supreme Court affirmed the order of the Nebraska Tax Equalization and Review Commission (TERC) reversing three decisions made by the Lincoln County Board of Equalization upholding the assessed value of certain property for tax years 2018 through 2020, holding that TERC did not err in finding the Board's decision to uphold the valuations was arbitrary and unreasonable.The property at issue was subject to rent restrictions under the Internal Revenue Code. Appellant protested the 2018, 2019, and 2020 valuations of the property, and the Board of affirmed the county assessor's valuation for each year. After a hearing, TERC reversed. The Supreme Court affirmed, holding (1) TERC correctly determined that the property's assessed value was arbitrary and unreasonable for each year; and (2) TERC was permitted to consider all evidence of actual value on appeal and was not limited to the income approach. View "Lincoln County Bd. of Equalization v. Western Tabor Ranch Apartments, LLC" on Justia Law

The Supreme Judicial Court reversed the decision of the district court granting a partial summary judgment construing a long-term written lease between Owner and Tenant and, after a trial, entering a judgment regarding the parties dispute over minimum rent, holding that a factual issue existed precluding summary judgment.Owner sued Tenant for breach of contract after the parties could not agree when renegotiating minimum rent, alleging express breach of contract, declaratory judgment, and breach of the implied duty of good faith and fair dealing. The district court entered partial summary judgment in favor of Owner construing the lease but held that there were material facts in dispute as to whether Owner violated the implied duty of good faith and fair dealing when renegotiating. After a trial, the court entered judgment for Owner. The Supreme Court reversed, holding that the provision in the lease regarding minimum rent is ambiguous, and therefore, the court's entry of partial summary judgment on the issue must be reversed. The Court remanded the case for further proceedings. View "Brush & Co. v. W. O. Zangger & Son, Inc." on Justia Law