Kathryn Ann Tierney v. Lawrence William Tierney

Summary

The Nebraska Supreme Court affirmed an order establishing a 5.24-acre metes-and-bounds parcel for the marital home following a prior appellate modification of the parties’ property division. The court held that the law-of-the-case doctrine did not determine the size of the parcel, that the district court was not required to defer to local zoning authorities under primary jurisdiction or exhaustion principles, and that the appellant waived any challenge to the resulting valuation by failing to raise it and present evidence below.

Holdings

1. The law-of-the-case doctrine did not bar the district court from determining that the marital home should be accompanied by a 5.24-acre parcel because the acreage and legal description had not been litigated or terminally decided by the Court of Appeals.
2. The district court was not required to refer the metes and bounds issue to local zoning authorities or require Kathryn to exhaust administrative remedies.
3. The district court did not err by adopting Kathryn's proposed metes and bounds description and awarding her a 5.24-acre parcel containing the marital home.
4. Lawrence waived any objection to the district court's failure to adjust the property's valuation because he did not request an adjustment or present evidence on the issue at the trial court level.

Questions Presented

1. Whether the district court's award of a 5.24-acre parcel accompanying the marital home violated the law-of-the-case doctrine.
2. Whether the district court was required to defer to local zoning authorities under the primary jurisdiction doctrine or require exhaustion of administrative remedies before establishing a metes and bounds description in the divorce action.
3. Whether the district court erred by awarding Kathryn a 5.24-acre tract rather than a one-acre tract.
4. Whether the district court erred by failing to account for any change in value resulting from the larger tract.
5. Whether the district court erred in overruling Lawrence's motion for a new trial or to alter or amend the decree.

Disposition

affirmed