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Sanitary and Improvement District #424 v. Tristar Management, LLC

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Date: 
Wednesday, March 5, 2014

S-13-0582, Sanitary and Improvement District No. 424 of Douglas County, Nebraska v. Tristar Management, LLC (Appellant)

Douglas County, Hon. J. Michael Coffey

Attorneys:  Christian R. Blunk (Harris Kuhn); Mark J. LaPuzza (Pansing Hogan Ernst & Bachmann)

Civil:  Real Estate – Quiet Title

Proceedings below:  District court denied Tristar’s motion for summary judgment and sustained the SID’s motion for summary judgment after it determined that the SID’s 1999 special assessments continued to be valid liens on the subject real properties.

Issues: l. The district court erred as a matter of law in granting SID's Motion for Summary

Judgment on its Quiet Title count and denying Tristar's Motion for Summary Judgment. 2. The district court erred as a matter of law in finding that the treasurer's deed issued to Tristar did not foreclose or terminate the lien for special assessments of SID and that the special assessments levied by SID on December 3,1999 continue to be a valid lien against each of the lots until paid.

3. The district court erred as a matter of law in applying the provisions of Neb. Rev. Stat. § 77 1902 to a proceeding for a tax deed under Neb. Rev. Stat. § 77-1800 et. seq. 4. The district court erred as a matter of law in failing to address the issue of the sufficiency of the notice provided by Tristar to SID to obtain its tax deeds and finding such issue moot. 5. The district court erred in failing to find that the notice to SID was sufficient. 6. The district court erred as a matter of law in granting SID's Motion for Summary Judgment on its Foreclosure count, implying that SID has standing to bring such cause of action. 7. The district court erred in failing to address Tristar's merger argument.

This page was last modified on Thursday, March 6, 2014