Justia Real Estate & Property Law Opinion Summaries

In this inverse condemnation action, the Supreme Court affirmed the judgment of the district court dismissing the action on the pleadings, finding that the sanitary and improvement district (SID) lacked standing, holding that an SID is incapable of bringing an inverse condemnation action against the State.SID No. 67 of Sarpy County filed a petition for compensation in the county court for Sarpy County, claiming that the rerouting of access to the highway effected a damaging or taking of its property. The county court denied compensation. On review, SID 67 again alleged inverse condemnation. The district court dismissed the action on the pleadings for lack of standing, concluding that SID 67 was not a real party in interest. The Supreme Court affirmed, holding that SID 67 was not a "person" having "private property" and thus did not have standing to bring an inverse condemnation action against the State. View "Sanitary & Improvement District No. 67 v. State" on Justia Law

The Supreme Court reversed the orders of the district court finding that the City of Bellevue lacked authority to adopt an ordinance to annex Landowners' land, holding that the district court erred by finding that the annexation was invalid for the reasons it identified.Landowners filed separate complaints asserting that the City had exceeded its authority and powers granted to a city of the first class by Neb. Rev. Stat. 16-130 because the subject land was not adjacent to or contiguous with the existing City limits and was agricultural and rural in character. The two actions were consolidated, and the district court found in favor of Landowners. The Supreme Court reversed, holding that the district court erred by finding that Landowners' properties were rural in character and were neither contiguous nor adjacent to the City. View "Darling Ingredients Inc. v. City of Bellevue" on Justia Law

The Supreme Court reversed the order of the district court granting summary judgment for the County of Sarpy and declaring two annexation ordinances and a zoning extension ordinance adopted by the City of Gretna invalid, holding that the ordinances were valid.In seeking to have the ordinances adopted by Gretna declared invalid, Sarpy County argued that Gretna exceeded its annexation authority under Neb. Rev. Stat. 17-407(2) because the annexed area included twenty-two parcels with agricultural land that was rural in character. The district court granted summary judgment for Sarpy County. The Supreme Court reversed, holding that the annexed area was urban, rather than rural, in character, and the ordinances were a lawful exercise of Gretna's annexation powers. View "County of Sarpy v. City of Gretna" on Justia Law

The Supreme Court affirmed the judgment of the trial court in favor of a contractor (Contractor) against the homeowners' association (HOA) that hired it to perform repair work, holding that the district court did not err.Specifically, the Supreme Court held that the district court did not err in (1) finding that the HOA had waived, by one of the methods described in Neb. Rev. Stat. 25-1126, its right to a jury trial and in refusing to allow the HOA to withdraw its waiver; (2) concluding that the HOA had to present expert testimony to support its defense and counterclaims asserting that the repair work was done in an unworkmanlike manner; (3) excluding lay testimony of other contractors, in finding the HOA's expert witness lacked foundation for his opinions, and in excluding testimony relating to what the court found to be compromise negotiations; and (4) awarding prejudgment interest and attorney fees. View "McGill Restoration v. Lion Place Condominium Association" on Justia Law

In this construction defect case brought by homeowners against several contractors, the Supreme Court affirmed the ruling of the district court that the limitations period against each contractor began to run upon the substantial completion of each contractor's project.The district court granted summary judgment in favor of the contractors in this case, generally agreeing that the limitations period for the homeowners' claims against the contractors began to run on the dates that each contractor substantially completed its work. The Supreme Court affirmed, holding that the district court did not err in finding that Homeowners' claims against the contractors were time barred as matter of law under Neb. Rev. Stat. 25-223 and by denying their oral motion seeking leave to amend their complaint to add a new claim. View "McCaulley v. C L Enterprises, Inc." on Justia Law

In this quiet title action for adverse possession of a small parcel of land adjacent to parcel on which Lillie Brown's home stood, the Supreme Court affirmed the decision of the district court granting Brown's motion for summary judgment and finding that she had adversely possessed the parcel of land at issue, holding that the district court did not err.After learning that she did not own the parcel at issue, Brown filed her motion to quiet title. The district court granted summary judgment for Brown and quieted title in her favor. The Supreme Court affirmed, holding that the district court did not err in its evidentiary rulings and properly granted summary judgment in favor of Brown. View "Brown v. Morello" on Justia Law

The Supreme Court affirmed the order of the court of appeals dismissing for lack of jurisdiction Steven Clason's appeal of a district court order denying his request to quiet title to certain property in his name, holding that the order was not appealable because not all counterclaims were resolved.Clason owned property that was sold to Producers Livestock Credit Corporation (PLCC) after Clason defaulted on his loan payments. Clason refused to surrender the property to PLCC and filed a complaint alleging that the purported sale of the property to PLCC was void. Clason requested that the court enter an order quieting title to the property in him. PLCC filed a counterclaim and requested that Clason's complaint be dismissed. The district court entered judgment in favor of PLCC and against Clason, dismissed the case with prejudice, and ordered that title be quieted in PLCC. The court of appeals dismissed the appeal for lack of jurisdiction. The Supreme Court affirmed, holding that the district court's order was not appealable because not all of PLCC's counterclaims were resolved. View "Clason v. LOL Investments, LLC" on Justia Law

The Supreme Court reversed the order of the district court affirming the findings of the county court in this division fence dispute, holding that the county court order was a conditional order from which no appeal could be taken, and therefore, the district court and this Court did not acquire jurisdiction.The parties in this case owned adjacent properties on which cattle grazed. Plaintiffs filed a fence dispute complaint in the county court seeking contribution in connection with the planned construction of a fence on a portion of the boundary between the parties' property. The county court ordered Defendants to perform or monetarily contribute to the construction of a division fence between the properties. The district court affirmed the county court's findings and remanded the matter for further proceedings on the issue of contribution. The Supreme Court dismissed Defendants' appeal, holding that the county court's order was a conditional order and, as such, was not appealable to the district court. View "Evert v. Srb" on Justia Law

The Supreme Court affirmed the judgment of the district court evicting Defendant from a property and quieting title to it in Plaintiff, Defendant's former husband's corporation (the corporation) but awarding Plaintiff a judgment for the money she provided for its downpayment, holding that the district court did not err.After Plaintiff failed to pay rent for two years the corporation initiated eviction proceedings. Plaintiff denied being a tenant and claimed to co-owned the property. Plaintiff then filed a complaint asking the district court to quiet title to the property in the corporation and restore the premises to it. Defendant filed a countercomplaint requesting partition or, alternative, a constructive trust and restitution. The district court quieted title to the property in Plaintiff. The Supreme Court affirmed, holding that the court did not err in quieting title to the corporation, declining to partition the property or impose a constructive trust upon it, restoring the premises to the corporation, and awarding Defendant a monetary judgment for an unpaid loan. View "Dreesen Enterprises, Inc. v. Dreesen" on Justia Law

In this case stemming from a fire that destroyed part of the Old Market area in Omaha the Supreme Court affirmed the judgment of the district court finding that the Metropolitan Utilities District (MUD) was not immune from suit and denying MUD's motion for summary judgment, holding that there was no merit to MUD's assignments of error.Multiple lawsuits were initiated as a result of the damage caused by the fire. After various settlements, MUD was the only remaining defendant involved in these consolidated appeals. Plaintiffs alleged that MUD failed properly to mark a gas line, failed to timely shut off the gas at the scene of the fire, and failed properly to abandon an old gas line. MUD filed a motion to dismiss in each case, arguing that it was immune from suit on the basis of the discretionary function exception to the Political Subdivisions Tort Claims Act (PSTCA). The district court denied the motion. The Supreme Court affirmed, holding that MUD was not immune from suit under the discretionary function exception to the PSTCA. View "Mercer v. North Central Service, Inc." on Justia Law