S-21-0074 Continental Resources (Appellee) v. Kevin L. Fair (Appellant), Heather Hauschild, Scotts Bluff County Treasurer and Douglas Peterson, Attorney General for the State of Nebraska, in their official capacities, and the County of Scotts Bluff (Appellees)
Appeal from the District Court for Scotts Bluff County, Judge Leo P. Dobrovolny
Attorneys: Michael W. Meister, Jennifer Gaughan, and Mark T. Bestul (Legal Aid of Nebraska for Appellant) with Chritina M. Martin and Deborah J. LaFetra (Pro Hac Vice from Pacific Legal Foundation) and Gregory C. Scaglione (Koley Jessen, P.C., L.L.O. for Appellee, Continental Resources)
Civil: Nebraska Tax Certificate statutes
Proceedings below: Appellant argued that Nebraska’s tax certificate statutes were unconstitutional, and on appeal, the Nebraska Supreme Court determined that these statutes were constitutional. See Continental Resources v. Fair, 311 Neb. 184, 971 N.W.2d 313 (2022). The United States Supreme Court then vacated the Nebraska Supreme Court’s decision with directions that this Court reconsider the case in light of Tyler v. Hennepin County, 598 U.S. 631 (2023).
Issues: On appeal to the Nebraska Supreme Court, Appellant made the following assignment of error: 1) The district court erred in granting summary judgment as the statutory scheme set forth in NEB. REV. STAT. §§ 77-1801 et seq. violates the Due Process Clause of the Federal and State Constitutions facially and as applied; 2) The district court erred in granting summary judgment as the tax sale statutes violate the Takings Clauses of the United States or Nebraska Constitutions facially and as applied; 3) The district court erred in granting summary judgment as it failed to recognize the Appellant’s Eighth Amendment rights under the U.S. Constitution; 4) The district court erred in granting summary judgment as it failed to recognize the Appellant’s rights to property under the 25th Amendment of the Nebraska Constitution; and 5) The statutory scheme created by the Nebraska Legislature creates a special class in contravention of NEB. CONST. art. III, § 18.