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Nebraska Supreme Court reverses ethanol plant ruling
The Nebraska State Supreme Court has reversed a 2008 Kearney County District Court decision ordering Kearney County to pay nearly half a million dollars in restitution to Kaapa Ethanol of Minden.
The ethanol plant sought more than 480 thousand dollars from Kearney County for a portion of its 2006 personal property taxes,
arguing the taxes were paid as a result of an "honest mistake or misunderstanding."
The board of supervisors denied the refund and Kaapa filed a petition with the district court.
That court ordered Kearney County to refund the money.
Kearney County appealed to the Nebraska Supreme Court
which reversed the district's decision.
The supreme court said taxes paid under a mistake of law are considered voluntary at common law and cannot be recovered unless the Legislature has enacted a stature authorizing recovery.
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