Frederick v. City of Falls City

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Frederick v. City of Falls City

Case Number
S-16-0236
Call Date
December 7, 2016
Court Number
Richardson
Case Summary

S-16-0236 David Leon Frederick (Appellant) v. City of Falls City, a City and Political Subdivision of the State of Nebraska and Falls City economic Development and Growth Enterprise, Inc.

Richardson County, Judge Daniel E. Bryan, Jr.

Attorneys: Stephen D. Mossman, J.L. Spray, Ryan K. McIntosh (Mattson Ricketts Law Firm) for Appellant --- Michael R. Dunn (Halbert Dunn & Halbert LLC) for City of Falls City --- Bonnie M. Boryca (Erickson Sederstrom PCLLO) for Falls City Economic Development and Growth Enterprise, Inc. (EDGE).

Civil: Reopen of previously dismissed case

Proceedings below: This case was previously before the Supreme Court. See Frederick v. City of Falls City, 289 Neb. 864 (2015) (Reversed and remanded with directions). After the case was dismissed, Appellant filed a motion to reopen the case which was denied.

1. The District Court erred in failing to grant the Motion to Reopen pursuant to Neb. Rev. Stat. ' 25-2001 (Reissue 2008). 2. The District Court erred in failing to grant the Motion to Reopen pursuant to its equitable powers. 3. The District Court erred in dismissing EDGE from any further proceedings.