Continental Resources v. Fair
Cont'l Res. v. Fair, 317 Neb. 391 (2024)
- Court
- Nebraska Supreme Court
- Decided
- 2024-08-23
- Docket
- S-21-074
- Cited by later opinions
- 8
What happened
Kevin Fair lost his Nebraska property through a tax deed. The Nebraska Supreme Court first rejected his claims; the U.S. Supreme Court sent the case back to be reconsidered after Tyler.
What the court decided
On reconsideration in light of Tyler, the Nebraska Supreme Court held the trial court erred in granting summary judgment against Mr. Fair on his takings claim, and sent that claim back.
Why it may matter to you
Tyler is already changing outcomes in state courts. It is a sign the law is moving toward protecting owners' equity.
Why it might not apply
Nebraska tax-deed law; the court sent the claim back rather than awarding money.
Most useful when
- A tax-deed buyer took your whole property for a much smaller tax debt
How to cite it
The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.
Cont'l Res. v. Fair, 317 Neb. 391 (2024)Short formFair, 317 Neb. 391Draft — check it with free legal aid before you file or say it in court.
In Cont'l Res. v. Fair, 317 Neb. 391 (2024), the court held that after Tyler, an owner whose property was taken by tax deed for a smaller debt may pursue a takings claim for the lost equity. Here, [say in one sentence what happened in your case]
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