S-24-0899 Mary Powers (Appellant) v. The Board of Directors of Elmwood Tower, Karen Appelbaum, Marianne Hall, Douglas Coffey, Mary Jane Chamberlain, Donna Taylor, David Rumbaugh, and Mary Lee Fitzsimmons (Appellees)
Appeal from the District Court for Douglas County, Judge Leigh A. Retelsdorf
Attorneys: Vincent M. Powers (Powers Law for Appellant) and Spencer R. Murphy and Christopher R. Hedican (Baird Holm LLP for Appellees)
Civil: Nebraska Nonprofit Corporation Act and summary judgment
Proceedings below: The district court granted Appellee’s motion for summary judgment and denied Appellant’s motion for summary judgment. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The district court erred in granting Appellee’s motion for summary judgment and denying Appellant’s; 2) The district court erroneously interpreted the Nebraska Nonprofit Corporation Act, ignoring the plain language of the statute; and 3) The district court erroneously relied upon a Missouri case, Executive Board of the Missouri Baptist Convention, et al. v Windermere Baptist Conference Center, 280 S.W.2d 678 (Mo. Ct. App. 2009), ignoring the differing language between the Missouri statute and the Nebraska statute.