Latest 4 Cases: State v. Lierman (Civil Rights), State v. Thelen (Criminal Law), Hochstein v. Cedar County Board of Adjustment (Government & ...

What Happens Now?

JOSEPH MARGULIES

Cornell law professor Joseph Margulies points out that in the face of the present COVID-19 pandemic, there seems to be general consensus nationwide that the federal government should intervene to mitigate the economic damage, even among those who very recently believed that social problems are better solved by the private sector than by the government. Margulies asks whether this new perspective will also evoke compassion. He points out that, given the expected duration of the fight against the novel coronavirus, $2,500 is not nearly sufficient for a struggling family of four who can no longer work. What will we do for the tens of millions of Americans facing disaster?

Read More

State v. Lierman

Citation: 305 Neb. 289

Opinion Date: March 20, 2020

Judge: Michael G. Heavican

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the judgment of the district court convicting Defendant of multiple counts of sexual assault of a child and child abuse, holding that the district court did not err in admitting prior sexual assault evidence. Defendant was convicted of sexually assaulting and abusing his adopted daughter. On appeal, Defendant argued, among other things, that the district court erred in admitting evidence of a prior sexual assault allegedly committed by Defendant against another adopted daughter because Defendant was acquitted in that case. The Supreme Court affirmed, holding (1) the district court did not err in allowing the State to present the evidence of prior sexual assault where at least some of those assaults were alleged to have been committed by Defendant in other jurisdictions; and (2) Defendant was not entitled to relief on his remaining allegations of error.

State v. Thelen

Citation: 305 Neb. 334

Opinion Date: March 20, 2020

Judge: Freudenberg

Areas of Law: Criminal Law, Real Estate & Property Law

The Supreme Court affirmed the decision of the district court affirming Defendant's criminal misdemeanor convictions for violating Neb. Rev. Stat. 39-301 by repeatedly erecting an electric fence approximately three feet from the edge of a county gravel roadway and within the county's right-of-way extending into a ditch, holding that the evidence was sufficient to support Defendant's convictions. On appeal, Defendant argued that there was insufficient evidence presented to prove that he was the individual who placed the electric fence in the ditch and that the placement of the fence did not violate section 39-301. The Supreme Court affirmed, holding (1) the area of the ditch at issue in this case, which was within the county's right-of-way, was part of a "public road" for purposes of section 39-301; and (2) there was sufficient evidence to conclude that Defendant was responsible for erecting the fences.

Hochstein v. Cedar County Board of Adjustment

Citation: 305 Neb. 321

Opinion Date: March 20, 2020

Judge: William B. Cassel

Areas of Law: Government & Administrative Law, Real Estate & Property Law, Zoning, Planning & Land Use

The Supreme Court affirmed the judgment of the district court affirming a county board of adjustment's decision affirming the zoning administrator's grant of a zoning permit for construction of a new residence within an agricultural intensive district, holding that the district court did not err or abuse its discretion. The zoning administrator approved a zoning permit for the new residence. Appellants appealed, arguing that the zoning permit was for a "non-farm residence," and therefore, the construction was not permitted under zoning regulations. The board affirmed the zoning administrator's decision, and the district court affirmed. At issue in this appeal was whether the proposed residence was a "non-farm residence" under the applicable zoning regulations. The Supreme Court affirmed, holding that the board of adjustment correctly determined that the new residence was not a "non-farm residence."

County of Cedar v. Thelen

Citation: 305 Neb. 351

Opinion Date: March 20, 2020

Judge: Freudenberg

Areas of Law: Real Estate & Property Law

The Supreme Court affirmed the judgment of the district court finding that Appellant's placing an electric fence within the county's right-of-way extending into a ditch violated Neb. Rev. Stat. 39-301 and granting an injunction against Appellant's encroaching on the public road right-of-way, holding that injunctive relief was proper. Appellant repeatedly erected an electric fence within the ditch right-of-way alongside a county road. The district court granted a permanent injunction against encroaching on the public road right-of-way thirty-three feet in either direction from the centerline, including road ditches within that distance from the centerline, by placing fences. The court found that successive criminal prosecution had proved to be an inadequate remedy. The Supreme Court affirmed, holding that the district court did not err in (1) finding that placing the electric fence in the ditch violated section 39-301; and (2) failing to find that the County had an adequate remedy at law by way of criminal prosecution.