Shaul v. Brenner

Hannon, Judge.

INTRODUCTION

Dale Shaul and Klayton Johnson (plaintiffs) sued Robert M. Brenner, Banner County Attorney, for “disaffirmance” of diversion agreements they respectively entered into with Banner County to avoid prosecution for alleged criminal offenses and to recover the money they each paid pursuant to the agreements. Brenner demurred for all of the six reasons stated in Neb. Rev. Stat. § 25-806 (Reissue 1995), and the demurrer was sustained upon a finding that there were a defect of parties and a lack of jurisdiction. Plaintiffs elected to stand on their petition, and the action…