On June 2, 2014, the United States Environmental Protection Agency issued a proposed rule to reduce carbon dioxide emissions from the generation of electricity. The EPA’s Clean Power Plan proposes to reduce emissions nationwide by 30 percent of 2005 levels, by 2030. The proposal’s two main elements are state specific […]
Dirt Alert
Ambiguous Organizing Documents Can Be Costly for Homeowners’ Associations
on Tuesday, 27 May 2014 in
Dirt Alert: David C. Levy, Editor
On April 1, 2014, the Nebraska Court of Appeals decided Oak Hills Highlands Association, Inc. v. Estate of LeVasseur. The case involved interesting facts and a lesson for homeowners’ associations. Bylaws, declarations, and other organizing documents need to be written in unambiguous language. Specifically, if a homeowners’ association intends to […]
Nebraska Supreme Court Clarifies “Gap and Extend” Law
on Tuesday, 27 May 2014 in
Dirt Alert: David C. Levy, Editor
The Nebraska Supreme Court affirmed a city’s use of the “gap and extend” law in Johnson v. City Fremont. Nebraska Revised Statutes section 18-2001, permits a city to “pave any unpaved street . . . which intersects a paved street for a distance of not to exceed one block on […]
Nebraska Supreme Court Affirms Exemption from the Nebraska Municipal Gas System Condemnation Act
on Tuesday, 27 May 2014 in
Dirt Alert: David C. Levy, Editor
The Nebraska Supreme Court affirmed a district court’s decision to allow a municipality to use general condemnation procedures to acquire gas facilities in an area that the municipality annexed. See SourceGas Distribution LLC v. City of Hastings, 287 Neb. 595 (2014). The Supreme Court’s decision affirmed a powerful exemption from […]
Nebraska Supreme Court Holds Implied Easements Attach to Land by Judicial Decree
on Tuesday, 27 May 2014 in
Dirt Alert: David C. Levy, Editor
When purchasing real estate in Nebraska, purchasers should take notice of the Nebraska Supreme Court’s recent decision in Woodle v. Commonwealth Land Title Insurance Company. In this case of first impression, the court held that implied easements do not actually exist until a court recognizes the existence of the same, […]
