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| Chase 3000, Inc. v. Neb. PSC, No. S-05-935,
SUPREME COURT OF NEBRASKA, March 2, 2007, Filed
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Overview: In a telecommunications association's challenge to a Nebraska Public Services Commission order, the trial court erred in reversing the Commission's refusal to conduct a rulemaking proceeding as the Commission acted within its legal authority under Neb. Rev. Stat. § 75-110 in declining to exercise that jurisdiction.
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| Johnson v. Knox County P'ship, No. S-05-853,
SUPREME COURT OF NEBRASKA, March 2, 2007, Filed
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Overview: In a case in which plaintiffs sought to enjoin certain operations of cattle confinement facility, summary judgment should not have been entered on their nuisance claim, where there were genuine issues of material fact as to whether facility caused a substantial invasion of or interference with their private use and enjoyment of their property.
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| Knapp v. Beaver City, No. S-06-874,
SUPREME COURT OF NEBRASKA, March 2, 2007, Filed
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Overview: Workers' compensation court properly granted an employee's motion to dismiss without prejudice her suit against her employer because under the amended version of Neb. Rev. Stat. § 48-177, the action could be dismissed without prejudice, if the employee was represented by legal counsel, before the final submission of the case.
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| Robbins v. Neth, No. S-04-835,
SUPREME COURT OF NEBRASKA, March 2, 2007, Filed
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Overview: Revocation of a driver's operating license was error as the department of motor vehicle's regulation, former 247 Neb. Admin. Code § 1-022.01, was not inconsistent with Neb. Rev. Stat. § 60-498.01, and while the regulation required the administrative license revocation hearing be conducted in the county of arrest, it was not.
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| State ex rel. Upper Republican Natural Res. Dist. v. Honorable Dist. Judges, No. S-06-549,
SUPREME COURT OF NEBRASKA, March 2, 2007, Filed
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Overview: In a corporation's suit against a natural resources district for alleged violations of Nebraska's Open Meetings Act, Neb. Rev. Stat. § 84-1408 et seq., the trial court erred in granting the corporation's motion to compel discovery as there was evidence that some of the communications at issue were subject to the attorney-client privilege.
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| Zitterkopf v. Maldonado, No. S-05-1230,
SUPREME COURT OF NEBRASKA, March 2, 2007, Filed
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Overview: Where an initial personal injury action was dismissed due to the fact that it exceeded the progression standards, a second action could not have been filed under the savings statute, Neb. Rev. Stat. § 25-201.01, since the first case failed due to inaction on the part of the party with the burden of initiating it.
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| Glodowski v. Glodowski, No. A-06-201,
NEBRASKA COURT OF APPEALS, March 6, 2007, Filed
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Overview: The trial court's order regarding child custody was affirmed because the mother had been the children's primary caregiver throughout their lives and although the visitation order enabled the father to spend a generous amount of time with the children, it did not enable him a right to the care, custody, and control of the children.
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| State v. Owen, No. A-06-153,
NEBRASKA COURT OF APPEALS, March 6, 2007, Filed
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Overview: In a prosecution of defendant for first degree sexual assault, the trial court did not err in overruling one of defendant's two motions for mistrial, where the trial court struck a doctor's testimony that he believed the victim and admonished the jury not to consider whether the doctor believed the victim.
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| Widtfeldt v. Tax Equalization & Review Comm'n, No. A-06-1296,
NEBRASKA COURT OF APPEALS, March 6, 2007, Filed
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Overview: Where the Nebraska Tax Equalization and Review Commission (TERC) did not timely receive the required filing fee in each of a property owner's 75 appeals from a county board of equalization, TERC lacked jurisdiction over the owner's appeals. It necessarily followed that the appellate court lacked jurisdiction over the appeal from TERC.
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