Latest 2 Cases: Carroll v. Gould (Family Law), Harts v. County of Knox (Government & Administrative Law)

Joe, Joey, Joe-Baby, Sexist: Where’s Your Imposter Syndrome?

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman responds to a recent Wall Street Journal op-ed criticizing soon-to-be First Lady Jill Biden for using the academic title she earned. Professor Grossman dissects the op-ed, penned by a retired lecturer at Northwestern University, and explains the deep and pervasive sexism behind it.

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Carroll v. Gould

Citation: 308 Neb. 12

Opinion Date: December 18, 2020

Judge: Freudenberg

Areas of Law: Family Law

The Supreme Court reversed the order of the district court denying Grandfather's intervention, as a person standing in loco parentis, in a custody proceeding brought by Mother against Father, holding that the district court erred in ruling that Grandfather did not stand in loco parentis and in denying the complaint in intervention. The district court concluded that any in loco parentis status had been extinguished by virtue of a child support order issued more than one year earlier, as well as through temporary custody orders placing the child with a parent. The Supreme Court reversed and remanded the case, holding (1) rather than making factual findings, the district court should have determined the matter of intervention on the pleadings; and (2) based on the allegations of the pleadings, Grandfather had a right to intervene.

Harts v. County of Knox

Citation: 308 Neb. 1

Opinion Date: December 18, 2020

Judge: Michael G. Heavican

Areas of Law: Government & Administrative Law, Real Estate & Property Law

The Supreme Court affirmed the judgment of the district court reversing and vacating the decision of the County of Knox board of supervisors approving a conditional use permit for an expansion of H&H Cattle's feedlot to 20,000 head of cattle, holding that there was no merit to Defendants' appeal. In 2003, H&H Cattle, the predecessor in interest of Epic Land and Cattle, LLC, obtained an impact easement from the mother of Plaintiffs. Thereafter, the County's board of supervisors approved a conditional use permit for an expansion of H&H Cattle's feedlot to 7,500 head of cattle. Fourteen years later, H&H Cattle again sought expansion of its feedlot. Relying in part on the 2003 impact easement, the board of supervisors granted the conditional use permit. The district court reversed and vacated the decision approving the permit. The Supreme Court affirmed, holding (1) the district court did not err in finding Plaintiff was unable to execute an easement that bound the shares of her children; (2) Defendants' arguments regarding estoppel by deed and ratification were without merit; and (3) any reliance on the easement was not reasonable.