A-15-0777, Dianne Jones, individually and on behalf of McDonald Farms, Inc., a Nebraska Corporation (appellant) v. McDonald Farms Inc., a Nebraska corporation; Donald McDonald, an individual; and Randall McDonald, an individual.
Hamilton County, District Court Judge Rachel A. Daugherty
Attorney for Appellant: Andre R. Barry & Jonathan J. Papik (Cline Williams Wright Johnson & Oldfather, LLP)
Attorney for Appellee: Daniel M. Placzek (Leininger, Smith, Johnson, Baack, Placzek & Allen)
Civil Action: corporate oppression and dissolution
Action Taken by Trial Court: The district court denied the appellant’s requests for relief, declined to dissolve the corporation, and found no evidence of corporate oppression.
Assignments of Error on Appeal: On appeal, Jones assigns that the district court erred in: (1) failing to provide a remedy for corporate oppression when the evidence shows that she was denied any economic benefit from her shares in McDonald Farms and was being forced to sell her shares at substantially below their fair value; (2) failing to provide a remedy for misapplication and waste of corporate assets when the evidence shows that the assets of McDonald Farms were misapplied; (3) failing to provide a remedy for illegal conduct when the evidence shows the majority shareholders acted illegally by taking improper tax deductions for themselves and their father; (4) failing to require the majority shareholders to return to McDonald Farms improper payments they directed to themselves and their father in order to reduce the corporation’s net income; and (5) failing to recognize its power to require the majority shareholders to pay her fair value for her shares in McDonald Farms.