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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Freeholding Case in Cedar County Continues

Nebraska’s never ending educational debates found a new forum, Cedar County. Petitioners attempted to take advantage of Neb Rev Stat § 79-458, which could allow them to move their property from one Cedar County School District to another.

Nebraska’s Freeholding Statute originally allowed parents who owned property in an unaccredited school district to move the property to an accredited school district if it was in the best educative interests of the child. The statute was amended and now provides a series of conditions that must be met before a property owner can move property to a contiguous school district.

Several taxpayers have joined together opposing the transfer because the petitions do not comply with the statute. The Taxpayers appealed the decision of the Cedar County Freeholder Board granting the petitions and transferring the property. The case now sits before the Cedar County District Court.

The taxpayers are represented by Domina Law Group pc llo . “The statute clearly provides what elements must be in a petition before the Freeholder Board can transfer the property. These petitions did not comply,” stated Mark A. Hassebrook.

To date two hearings on this complicated case have been held. Another hearing will be held in January after the petitioners have an opportunity to intervene in the case.

Categories: Complex Litigation

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