Latest 3 Cases: HBI, LLC v. Barnette (Constitutional Law), State v. Galvan (Criminal Law), TransCanada Keystone Pipeline v. Tanderup (Energy, Oil ...

Why Did the U.S. Supreme Court Endanger the Lives of Wisconsin Voters?

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on the recent per curiam opinion by the U.S. Supreme Court effectively requiring that in-person voting in the Wisconsin primary election go as scheduled and without deadline extension for mail-in ballots, despite the ongoing COVID-19 pandemic. Dorf argues that the decision is the result of partisan politics and petty sticklerism in the Court and will unnecessarily endanger the lives of voting citizens.

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HBI, LLC v. Barnette

Citation: 305 Neb. 457

Opinion Date: April 10, 2020

Judge: Michael G. Heavican

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

The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Appellee and quieting title on certain property after issuance of a tax deed, holding that Appellee complied with the statutory notice requirements for obtaining a tax deed and that the statutory notice requirements are constitutionally sufficient. On appeal, Appellant argued, among other things, that the district court erred in finding that the notice provided complied with Nebraska statutes and in not finding the Nebraska tax sale statutory scheme violated the federal and state constitutions. The Supreme Court affirmed, holding (1) because the statutory notice requirements are reasonably calculated to apprise a property owner of a tax certificate holder's intent to apply for a tax deed, they are constitutionally sufficient; and (2) Appellant failed to meet his burden of establishing that the tax deed was invalid.

State v. Galvan

Citation: 305 Neb. 513

Opinion Date: April 10, 2020

Judge: Funke

Areas of Law: Criminal Law

The Supreme Court affirmed in part as modified and vacated in part the order of the district court imposing consecutive five-month terms of imprisonment following Defendant's revocation from post-release supervision in two cases, holding that Defendant's second five-month term of imprisonment must be vacated and that Defendant was entitled to jail time credit. On appeal, Defendant argued that the district court erred in imposing consecutive sentences and failing to award credit for time served after revocation, prior to sentencing. The Supreme Court vacated the five-month term of imprisonment imposed upon revocation in one case, directing that Defendant not commerce serving the post-release supervision term in that case until he had completed serving his post-release supervision term in his other case. The Court affirmed the five-month term of imprisonment imposed in the other case, as modified by crediting Defendant with sixty-four days of time served.

TransCanada Keystone Pipeline v. Tanderup

Citation: 305 Neb. 493

Opinion Date: April 10, 2020

Judge: Freudenberg

Areas of Law: Energy, Oil & Gas Law, Real Estate & Property Law

In these appeals for a series of condemnation proceedings initiated by TransCanada Keystone Pipeline, LP, the Supreme Court affirmed the judgment of the district court finding that the county court plainly erred by entering a judgment on remand regarding the issue of attorney fees without holding an evidentiary hearing, holding that the county court should have considered all relevant evidence before making its determination on the motions for attorney fees. Condemnation proceedings took place in several counties through which TransCanada planned to construct an oil pipeline, including Antelope County. TransCanada ultimately voluntarily dismissed all of its condemnation actions without prejudice. This appeal concerned the motions of the condemnees in Antelope County for an award of attorney fees. The county court originally found in favor of the condemnees, but the district court reversed the award and remanded the matter for a "rehearing on the merits." Ultimately, the county court concluded that a rehearing was unnecessary and denied the condemnees their request for attorney fees. The district court reversed and remanded the matter with instructions to conduct an evidentiary hearing. The Supreme Court affirmed, holding that the district court was correct to find plain error and to remand with instructions for the county court to hold an evidentiary hearing.