Lawsuit against LB 701 filed
A group of individuals have filed suit attempting to block the property taxes allowed by LB 701. They are not attempting to block the occupation tax that is on irrigated acres.
Lawsuit Summary
Lawsuit filed October 23, 2007, with the Nebraska Supreme Court attempting to block the collection of a property tax in the Republican River Basin for Republican River Compact compliance.
Plaintiffs
-
Angus Garey
-
Tom Kiplinger
-
Robert Anderson
-
Larry Durner
-
Kenny Frasier
-
Dan Funk
-
Steve Whipple
Defendants
-
DNR
-
URNRD
-
MRNRD
-
LRNRD
-
County Equalization Boards and County Treasurers for:
-
Dundy
-
Hitchcock
-
Red Willow
-
Frontier
-
Furnas
-
Harlan
Complaint
-
Violation of the Nebraska Constitution prohibiting the use of property tax dollars for a State purpose.
-
The State is attempting to avoid its economic liability by imposing the property tax exclusively on the residents of the Republican River Basin and not on all tax payers of the State.
-
By taxing only a part of the citizens of the State or excluding some citizens from the tax, two “closed classes” are created. Closed classes are prohibited by the Constitution as singling out specific groups for favorable or unfavorable treatment.
Requested Action
-
A declaratory judgment and an injunction prohibiting the imposition and collection of the property tax as allowed under LB 701.