Lindner v. Kindig

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Lindner v. Kindig

Case Number
S-15-0630
Call Date
April 1, 2016
Court Number
Sarpy
Case Summary

S-15-0630 Klaus P. Lindner (Appellant) v. Douglas Kindig, Mayor of the City of La Vista, Brenda Carlisle, Ron Sheehan, Alan Ronon, Anthony Gowan, Kelly Sell, Mike Crawford, Mark Ellerbeck,

Terilyn Quick, as Members of the City Council of and for the City of La Vista, a Nebraska City of the First Class

District Court of Sarpy County, Judge William B. Zastera

Attorneys: K.C. Engdahl (Appellant) --- Gerald L. Freidrichsen (Fitzgerald, Schorr, Barmettler & Brennan, P.C., L.L.O.)

Civil: Statute of limitations

Proceedings below: On remand from 'Lindner I,' the trial court dismissed Appellant's complaint and concluded that his cause of action was time-barred.

Issues: The trial court erred in 1) determining that Appellant's complaint is barred by a 4 year statute of limitations, 2) accepting the Supreme Courts holding in the prior appeal of this matter, Lindner v. Kindig, 285 Neb. 386,826 N'W.2d 868 (2013) as being dispositive or controlling with regard to the issue of whether the Appellant's claim is barred by operation of a four year period of limitations, 3) determining that a period of limitations is applicable to a claim such as the one prosecuted by the Appellant, being in the nature of an alleged ongoing and continuously accruing constitutional wrong, deprivation or violation, and 4) failing to find and determine that the nature of the Appellant's claim is such that without regard to a "first" date of accrual of a cause of action, the wrong or deprivation alleged is of a nature that each day of continued conforming governance, based upon terms and specifications of the challenged ordinance, constitutes accrual of a new and independent cause of action in favor of the Appellant.