S-13-0875, Skyline Manor, Inc. (Appellants) v. Robert Rynard, Rebecca Bartle, David Rchey, Paige Harvey, and Dana Wadman-Huth.
Douglas County, Judge Michael Coffey
Attorneys: Keith Kosaki (Duncan & White) – William Hargens (McGrath North).
Civil: Equitable Accounting under Neb. Rev. Stat. § 21-1949
Proceedings below: dismissal for lack of standing
Issues: 1. The District Court erred in determining that Emerson Link's election to the Skyline
Manor Board of Directors was null and void because Skyline Manor's Articles of Incorporation and Bylaws continued to require a Resident Director to serve on the Board even though Skyline
Manor was not statutorily required to have a Resident Director. 2. The District Court erred in ruling that Emerson Link did not have standing to bring this derivative action under Neb. Rev. Stat. § 21-1949 because Link was a duly elected member of Skyline Manor's Board of Directors pursuant to its Articles of Incorporation and Bylaws. 3. The District Court erred in granting the Defendants' Motion to Dismiss.