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Sanitary & Improvement District No. 1 v. Adamy

Supreme Court of Nebraska

January 16, 2015

SANITARY AND IMPROVEMENT DISTRICT NO. 1, BUTLER COUNTY, NEBRASKA, ON BEHALF OF ITSELF AND ALL OTHERS SIMILARLY SITUATED, APPELLANT AND CROSS-APPELLEE,
v.
KAREY ADAMY, COUNTY TREASURER OF BUTLER COUNTY, NEBRASKA, ET AL., APPELLEES AND CROSS-APPELLANTS. SANITARY AND IMPROVEMENT DISTRICT NO. 1, BUTLER COUNTY, NEBRASKA, ON BEHALF OF ITSELF AND ALL OTHERS SIMILARLY SITUATED, APPELLANT AND CROSS-APPELLEE,
v.
BEVERLY DAVIS, COUNTY TREASURER OF ADAMS COUNTY, NEBRASKA, ET AL., APPELLEES AND CROSS-APPELLANTS

Page 169

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Appeals from the District Court for Cass County: JEFFREY J. FUNKE, Judge, and RANDALL L. REHMEIER, District Judge, Retired.

Raymond E. Baker, of Law Offices of Raymond E. Baker, P.C., Jacqueline M. De Wispelare, of Law Office of Jacqueline M. De Wispelare, L.L.C., and Michael W. Heavey, of Colombo & Heavey, P.C., for appellant.

Charles W. Campbell, of Angle, Murphy & Campbell, P.C., L.L.O., for appellees Karey Adamy et al.

Donald W. Kleine, Douglas County Attorney, and Malina Dobson for appellees John Ewing et al.

Edmond E. Talbot III, Deputy Washington County Attorney, for appellees Marjorie Hoier and Washington County.

Joe Kelly, Lancaster County Attorney, and Brittany L. Behrens for appellees Andy Stebbing and Lancaster County.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.

OPINION

Page 172

[289 Neb. 915] Heavican, C.J.

INTRODUCTION

Sanitary and Improvement District No. 1, Butler County, Nebraska (SID #1), filed two class action lawsuits, both in Cass County, Nebraska. Both suits alleged that defendant county treasurers unlawfully deducted an incorrect percentage of assessments collected on behalf of SID #1 as well as other similarly situated sanitary and improvement districts. Defendant county treasurers in each suit filed motions to dismiss for failure to state a claim. Those motions were granted, and the complaints were dismissed. SID #1 appeals. We consolidated these appeals for oral argument and disposition. We reverse, and remand with directions.

FACTUAL BACKGROUND

These appeals involve two class action lawsuits, both filed in Cass County. Each will be discussed in turn.

Appeal in Case No. S-13-1091.

SID #1 filed its first class action complaint on December 21, 2012, against various county treasurers. In that complaint, SID #1 alleged that the county treasurers collected assessments of municipal improvements on behalf of SID #1 and

collected, for their services rendered, a sum of money equal to two percent (2%) of the funds they received on such special assessments, rather than a sum equal to one and one half percent (1 1/2 %) of the special assessments collected, as is ...

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