S-20-0753 Timothy Moore (Appellant) v. Nebraska Accountability and Disclosure Commission (NADC)
Buffalo County District Court, Hon. Ryan C. Carson
Attorneys: James Korth (Reynolds, Korth & Samuelson, PC, LLO, for Appellant) – Lynn A. Melson (Office of the Attorney General, for Appellee)
Civil: Nebraska Accountability and Disclosure Commission (NADC); Contracts
Proceedings Below: The court affirmed the NADC’s finding that Appellant had entered into contracts with the Village of Madrid in 2014, 2015, and 2016 and had further failed to publically disclose these contracts as required by Neb. Rev. Stat. § 49-14,103.01(5). The Court found that Appellant was at all times an officer of the Village of Madrid and barred by statute (Neb. Rev. Stat. §17-209.02) from serving as an officer and an employee except for seasonal or emergency work. The Court found that whether Appellant engaged in seasonal or emergency work in 2014, 2015, and 2016 was irrelevant as such work was still subject to the contract requirements of Neb. Rev. Stat. §§ 49-14,103.01 et seq. The Court found that Appellant did not raise a statute of limitations affirmative defense at the time of trial and therefore waived such a defense for purposes of an appeal.
Issue on Appeal: Whether the trial court erred in affirming the finding of the NADC that Appellant had entered into contracts with the Village of Madrid in 2014, 2015, and 2016.