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   State Courts - Nebraska - April 4 - April 7, 2006

  
Scott v. Drivers Mgmt., No. A-05-011., NEBRASKA COURT OF APPEALS, April 4, 2006, Filed
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Overview: Workers' compensation court did not err when it reversed trial court's determination that the claimant's post-traumatic stress disorder (PTSD) was aggravated by the accident because trial court erroneously noted that claimant had not been treated for his PTSD since the late 1980's, where in fact he had been treated during the early-to-mid-1990's.

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Sterling v. Sterling, Nos. A-05-725, A-05-726., NEBRASKA COURT OF APPEALS, April 4, 2006, Filed
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Overview: Trial court erred in modifying visitation in a foreign marriage dissolution because items identified by father alleging a change in circumstances, including the fact that the parties resided in different states, were known to the dissolution court at the time of the initial decree.

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City of Ashland v. Ashland Salvage, Inc., No. S-04-1365., SUPREME COURT OF NEBRASKA, April 7, 2006, Filed
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Overview: District court did not err in declaring existence and boundaries of city's public rights-of-way and enjoining salvage company from any use inconsistent with city's rights-of-way; company's failure to answer Neb. Discovery R. Civ. 36 requests for admissions resulted in admitted facts that, inter alia, were sufficient to support the court's decision.

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Home Builders Ass'n v. City of Lincoln, No. S-04-782., SUPREME COURT OF NEBRASKA, April 7, 2006, Filed
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Overview: The city was empowered, under its home rule charter, Neb. Const. art. XI, to enact Lincoln, Neb., Mun. Code § 27.82.050 to require impact fees for new development; Neb. Const. art. VIII, §§ 1 and 6, simply established the Legislature's power to tax, and its authority to delegate that power to governmental subdivisions.

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State v. Sean H. (In re Sean H.), No. S-05-894., SUPREME COURT OF NEBRASKA, April 7, 2006, Filed
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Overview: Plain language of Neb. Rev. Stat. § 43-2,106.01(2)(d) required State to file exception proceeding to the dismissal of a manslaughter charge against appellant minor according to Neb. Rev. Stat. §§ 29-2317 to 29-2319; because State failed to fully comply with the statutory procedures under Neb. Rev. Stat. § 29-2317, supreme court lacked jurisdiction.

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Wendeln v. Beatrice Manor, Inc., No. S-05-188., SUPREME COURT OF NEBRASKA, April 7, 2006, Filed
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Overview: Where a nursing home employee was fired after she reported a suspected patient abuse, the 300-day Nebraska Fair Employment Practice Act statute of limitations did not apply as action did not lie in Act, but in public policy expressed by Adult Protective Services Act, and thus it fell under public policy exception to the employment-at-will doctrine.

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