Supreme Court rules in freeholding case

Jan. 14, 2009

HARTINGTON — A three-year debate over property taxes and schools has finally been resolved.

The Nebraska Supreme Court found last week that 400 property owners legally moved their property from the Wynot Public School District to the Hartington Public School District in freeholding petitions before the Cedar County Freeholder Board.

After three board meetings held in 2006 and 2007, the board approved the petitions and the property was transferred. Due to the loss of the property, Wynot has cut the district’s property tax base by $30 million.

Five taxpayers from the Wynot school district objected to the transfer and appealed to the county district court. The district court considered all petitions as a whole and affirmed the freeholder board’s actions.

The taxpayers appealed to the Supreme Court.

The litigants felt a major issue was whether the properties were contiguous to Hartington’s district. Individually, some are not contiguous, but when taken together, as did the district court, they become contiguous.