The Stakes on January 6

MICHAEL C. DORF

Cornell law professor Michael C. Dorf describes what is at stake on Wednesday, January 6, when Congress meets in joint session to confirm Joe Biden’s election as President. Professor Dorf explains why, although Trump apparently lacks the majority necessary to invalidate a duly chose electoral slate, the stakes are still very high.

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Grothen v. Grothen

Citation: 308 Neb. 28

Opinion Date: December 31, 2020

Judge: Lindsey Miller-Lerman

Areas of Law: Family Law

The Supreme Court affirmed the decision of the court of appeals affirming the district court's order denying Timothy Grothen's application for modification of his alimony obligation in the decree dissolving his marriage to Martha Grothen, holding that the court of appeals reached the correct result when it affirmed the denial of modification of alimony. In affirming the district court's order denying modification, the court of appeals concluded that because the original alimony award was agreed upon by the parties as part of a property settlement agreement, the alimony provision could not be modified in the absence of gross inequity or fraud. The Supreme Court affirmed, holding (1) the district court properly used the "good cause" standard set out in Neb. Rev. Stat. 42-365 and correctly determined that, under that standard, modification was not appropriate; and (2) the court of appeals erroneously review the district court's decision under a gross inequity standard but nevertheless reached the correct result when it affirmed the denial of modification of alimony.

Egan v. County of Lancaster

Citation: 308 Neb. 48

Opinion Date: December 31, 2020

Judge: Papik

Areas of Law: Government & Administrative Law, Personal Injury, Real Estate & Property Law, Zoning, Planning & Land Use

The Supreme Court affirmed the decision of the district court finding that E. Jane Egan lacked standing to challenge the Lancaster County Board of Commissioners' issuance of a special use permit allowing Randy Essink to construct and operate a poultry production facility on land within the county's agricultural zoning district and that the permit was appropriately issued, holding that the district court did not err. Egan and Janis Howlett challenged the Board's decision in the district court, asserting that the proposed poultry production facility would lead to adverse effects on the environment, properly values, public health, and local infrastructure. The district court affirmed the issuance of the special use permit, concluding that Egan did not have standing and that the permit was appropriately issued. The Supreme Court affirmed, holding that the district court did not err by failing to find that Egan had standing and finding that the special use permit was properly approved.

Dolezal-Soukup v. Dodge County Board of Adjustment

Citation: 308 Neb. 63

Opinion Date: December 31, 2020

Judge: Funke

Areas of Law: Government & Administrative Law, Real Estate & Property Law, Zoning, Planning & Land Use

The Supreme Court affirmed the order of the district court approving the Dodge County Board of Adjustment's grant of variance for a 4-H pigpen built in violation of county setback requirements, holding that competent evidence supported the district court's factual findings and that the district court did not err or abuse its discretion in approving the variance. The variance was based on, within the meaning of Neb. Rev. Stat. 23-168.03(1)(c), peculiar and exceptional practical difficulties or exceptional and undue hardships. In affirming the Board's decision to grant a variance, the district court found that the Board's decision was reasonable, well considered, and within the Board's discretion. The Supreme Court affirmed, holding that the district court did not make an error of law or abuse its discretion in determining that the narrowness or shape of the property resulted in sufficient hardship to justify upholding the Board's decision to grant the variance.