State Ex Rel. Douglas v. Wiener

Fahrnbruch,D.J.

This action was brought by the State of Nebraska on relation of the Attorney General and the Hamilton County attorney to enjoin John and Carol L. Wiener, husband and wife, from operating a private home school in continuing and flagrant violation of the State Department of Education rules and regulations and Nebraska statutes. After a hearing on the State’s motion for summary judgment, the trial court dismissed the State’s petition with prejudice. Reviewing the case de novo, we reverse the judgment and remand the cause with directions.

The narrow issue dispositive of this appeal…