The Nebraska Supreme Court, in Gibbons Ranches, L.L.C. v. Bailey, 289 Neb. 949 (2015), held that rent was an essential term in a lease agreement. Accordingly, lease clauses providing for “annual review of rental rates” were unenforceable. Under nearly identical five-year leases, Gibbons Ranches, L.L.C. (“Gibbons”) leased farm ground to […]
Dirt Alert
Proposed Legislation Would Require Income-Method of Valuation for Rent-Restricted Housing to Improve Fairness of Property Taxes
The Nebraska Legislature is considering a bill that would provide a consistent approach for county assessors to use when valuing rent-restricted housing projects for property tax assessments. Rent-restricted housing projects are five or more houses or residential units financed, at least in part, by federal low-income housing tax credits. Senator […]
The Nebraska Court of Appeals Affirmed a Prescriptive Easement for a Landowner Over a Lateral Water Canal on a Neighbor’s Property
The Nebraska Court of Appeals, in Fyfe v. Tabor Turnpost, L.L.C., 22 Neb. App. 711 (2015), held that a landowner may establish and perfect a prescriptive easement for an irrigation lateral over the land of an adjacent property owner. The decision is a potent reminder to landowners that neighboring landowners […]
Michigan Federal Court Holds Housing Providers Are Not Required to Accommodate Use of Medical Marijuana
The U.S. District Court for the Eastern District of Michigan held that neither the Fair Housing Act (“FHA”) nor section 504 of the Rehabilitation Act (“Section 504”) require a housing provider to accommodate a tenant’s use of medical marijuana. In Forest City Residential Management, Inc. v. Beasley, a tenant who […]
Legislation Would Allow Ride Sharing Companies
The Nebraska Legislature is considering three bills to govern companies that provide mobile applications to match riders needing and drivers providing rides, such as Lyft and Uber. The pending legislation defines these companies as “transportation network companies” or “TNCs.” The three bills are LB 629, LB 488 and LB 399. […]