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   State Courts - Nebraska - July 7, 2006

  
INA Group, LLC v. Young, Nos. S-05-231, S-05-268, S-05-338, S-05-348, S-05-414, S-05-415, S-05-421, S-05-650., SUPREME COURT OF NEBRASKA, July 7, 2006, Filed
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Overview: A city's special assessments were not "subsequent taxes," where they were not "subsequent" within the meaning of Neb. Rev. Stat. § 77-1913. "Subsequent taxes" within the meaning of the statute did not include taxes, whether general taxes or special assessments, that were assessed and levied prior to the commencement of a foreclosure proceeding.

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Japp v. Papio-Missouri River Natural Res. Dist., No. S-05-398., SUPREME COURT OF NEBRASKA, July 7, 2006, Filed
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Overview: Because the dam site agreed upon for development between natural resources district and corporation was not approved as an improvement project area, the landowners were not required to challenge the board of directors' decision under Neb. Rev. Stat. § 2-3255; therefore, the district court erred in dismissing their action for lack of jurisdiction.

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Le v. Lautrup, No. S-04-743., SUPREME COURT OF NEBRASKA, July 7, 2006, Filed
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Overview: In a case in which the parents of a minor child sued the child's grandfather, who was the driver of a vehicle involved in an accident that injured the child, the parents failed to establish that Nebraska's guest statute, Neb. Rev. Stat. § 25-21,237, was unconstitutional.

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Neb. Legislature ex rel. State v. Hergert, No. S-06-425., SUPREME COURT OF NEBRASKA, July 7, 2006, Filed
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Overview: Defendant regent was guilty of violations of false reporting under Neb. Rev. Stat. § 28-907 where the evidence showed that in the primary and general elections, defendant intentionally delayed filing his 40% affidavits in an effort to ensure that his opponents did not timely receive public funding.

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Pachunka v. Rogers Constr., Inc., No. S-04-1470., SUPREME COURT OF NEBRASKA, July 7, 2006, Filed
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Overview: The trial court erred by submitting the construction company's defense of assumption of risk to the jury where the evidence did not establish that the risk was voluntarily assumed by the sales agent. The trial court erred by instructing the jury on the issue.

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