Nebraska District Court Judge Ryan C. Carson of Kearney, Nebraska, was invited to sit with the Nebraska Supreme Court on November 4, 2022.

Carson heard argument in the case of Preserve the Sandhills, LLC, Charlene Reiser-McCormick v. Cherry County, Nebraska, Cherry County Board of Commissioners, James Ward, Martin DeNaeyer, Tanya Storer, and Attorney General Doug Peterson, which is docketed in the Supreme Court at S-21-0888.  Carson also heard arguments in the case of Preserve the Sandhills, LLC, Charlene Reiser-McCormick, William Schmitt, Danielle Robinson, Shaw and Kayte Robinson, Jim and Anita Robinson, John Hamilton, Kort Hamilton, Marion and Merrial Rhoades, Wayne Eatinger, Deborah Galloway v. Cherry County, Nebraska, Cherry County Board of Commissioners, BSH Kilgore, LLC, Cherry County Wind, LLC, and Bluestem Sandhills, LLC, which is docketed in the Supreme Court at S-22-0025.  In both cases, Appellants seek to reverse the issuance of a Conditional Use Permit that would allow the construction of wind towers in Cherry County.  The district court determined that the Appellants lacked standing to bring both cases.  On appeal, the Nebraska Supreme Court ordered that this case be transferred to its docket. Carson sat in place of Justice Miller-Lerman, who was recused from both cases.  The Court session was held in the Supreme Court Courtroom of the Nebraska State Capitol in Lincoln.

Carson also heard arguments in the case of Karen Bohac, Personal Representative of the Estate of Marlene A. Benes, Deceased v. Benes Service Co., A Nebraska Corporation, which is docketed in the Supreme Court at S-22-0235.  The Nebraska Supreme Court previously heard this case at Bohac v. Benes Service Co., 310 Neb. 722, 969 N.W.2d 103 (2022).  In the previous case, the Supreme Court remanded the case back to the district court with directions to recalculate the fair value of the estate’s interest in Benes Service Co.  On remand, district court recalculated the fair value of the estate’s share of Benes Service Co.’s stock, and the estate appealed the district court’s order on remand.  The Nebraska Supreme Court ordered that this case be transferred from the docket of the Nebraska Court of Appeals to its docket.  Justices Heavican and Stacy were recused from this case.  The Court session was held in the Supreme Court Courtroom of the Nebraska State Capitol in Lincoln.

Seven justices make up the Nebraska Supreme Court: Chief Justice Michael G. Heavican and six associate justices. On occasion, a justice must recuse him or herself from a case, and a judge from a district court or the Court of Appeals is asked to sit with the Supreme Court.    

The November 4, 2022, oral arguments can be viewed on the Court’s archive.

Reporters:

• Judicial Profile for Judge Ryan C. Carson
• Background on the Supreme Court
• Justices of the Nebraska Supreme Court

Screen shot from argument session on Nebraska Public Media:

(L to R) Justice Jonathan Papik, Justice Stephanie Stacy, Judge Ryan Carson, Chief Justice Mike Heavican, Justice William Cassel, Justice Jeff Funke, and Justice John Freudenberg. Arguing before the Court is attorney Jason Bruno. Recording Court arguments is Allyson Stewart.