Legal Opinion
How v. Mars
Nebraska Supreme Court
Decided March 25, 1994No. S-92-443PublishedCited by 26 opinions
1Opinion of the CourtFahrnbruch, J.
Two Beaver Lake Subdivision, Cass County property owners (plaintiffs) appeal the denial of their requests for declaratory relief and the denial of certification to proceed as a class action in their lawsuit against the Beaver Lake Association and its directors. We affirm.
STANDARD OF REVIEW
The relief requested by the plaintiffs in their fourth amended petition is equitable in nature. In reviewing an equity action for a declaratory judgment, an appellate court tries factual questions de novo on the record and reaches a conclusion independent of the findings of the trial court. Jaksha v. Thomas,…
2Cases cited8 opinions
- Central States Resources, Corp. v. First National BankNebraska Supreme Court · 1993
- Howard v. City of LincolnNebraska Supreme Court · 1993
- Rosse v. RosseNebraska Supreme Court · 1994
- National American Insurance Co. of Nebraska, Inc. v. Continental Western InsuranceNebraska Supreme Court · 1993
- In Re Estate of SeidlerNebraska Supreme Court · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Reavis v. SolminskiNebraska Supreme Court · 1996
- Boyles v. HausmannNebraska Supreme Court · 1994
- State v. SecretNebraska Supreme Court · 1994
- Ashland State Bank v. Elkhorn Racquetball, Inc.Nebraska Supreme Court · 1994
- Proctor v. Minnesota Mutual Fire & CasualtyNebraska Supreme Court · 1995
21 more not listed; retrieve them via the Exa API.