The chance for a quick resolution of a lawsuit challenging the learning community of Douglas and Sarpy Counties has disappeared.
The Nebraska Supreme Court decided Wednesday not to take the case filed by the Sarpy County Farm Bureau and eight property owners, who claimed it was so important that the court should hear it directly.
The plaintiffs allege that two levies imposed by the learning community council violate the Nebraska Constitution, which prohibits levying property taxes for a state purpose. The plaintiffs also contend that the levies are not uniformly applied and put an unequal tax burden on some districts for the benefit of others.
The Nebraska Legislature created the learning community to improve education in the metropolitan area after a series of border fights between school districts and allegations from Omaha Public Schools officials that the state was providing insufficient funding for educating kids in high-poverty areas.
In a two-page order, the court ruled that there was such major disagreement between the various school districts and government officials on the facts of the case that it should not be filed directly to the court.
The Nebraska Supreme Court is an appellate court that normally does not take cases directly.
In an attempt to iron out those differences, the plaintiffs had asked the court to appoint a special judge to sort out the facts, but the Nebraska Supreme Court also rejected that request.
In the order, signed by Chief Justice Michael Heavican, the court notes that it initially agreed to hear the case only if the parties could reach “unconditional” agreement on the facts.
As a result of the order, the case will have to go the usual route, through the lower courts, which will take longer and cost all the parties more money.
“We were disappointed with the court's decision not to hear the case as an original action,” said Don Stenberg, the plaintiffs' attorney. “We thought it would be in the public interest to have the issues resolved as quickly as possible.”
Stenberg said he's still talking to his clients, but he said it's reasonable to assume the case will be filed in District Court after the holidays. The case could still reach the Nebraska Supreme Court on appeal.
Metro Omaha school districts had taken sides on the lawsuit along battle lines familiar to anyone who followed the contentious creation of the new learning cooperative.
The Omaha Public Schools, Bellevue Public Schools and the 18-member learning community council filed papers with the court opposing the appointment of the special judge.
Bellevue schools attorney Pat Sullivan said he wished there could have been a quick resolution at the high court, but the case was more complicated than it first appeared.
“Looking at having the Supreme Court resolve it, from a first glance, looked like a good idea because you'd like to get some finality and move on,” he said.
But after meetings with other attorneys and some research, he said, it was clear the issues would go beyond the scope of an appellate court.
An OPS attorney, in a court filing, argued the state should not spend money on the judge when lower courts are already set up to take such cases.
Attorney Elizabeth Eynon-Kokrda wrote that there was “no question” the case presents a matter of great public interest regarding the education of children, but it should not bypass the ordinary trial process.
Further muddying the case was a filing by the Nebraska Attorney General's Office questioning whether the Nebraska Department of Education, State Board of Education and education commissioner should have been named as defendants in the case.
Contact the writer:
444-1077, joe.dejka@owh.com
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