Hauxwell v. Henning
291 Neb. 1
| Neb. | 2015Background
- Selma Hauxwell (record owner of adjacent "Broeker" land) and her agent/son used two nearby tracts (Tracts 1 & 2) since about 1971; neither she nor her family paid property taxes on those tracts.
- Ryan Hanzlick purchased tax certificates for Tracts 1 & 2 in 2007, obtained treasurer’s tax deeds in 2010, and quitclaimed the parcels to a trust he controlled.
- Hanzlick gave statutory notice (certified mail to record owner’s known addresses and newspaper publication) and recorded the treasurer’s deeds and subsequent quitclaim deeds.
- Hauxwell sued to quiet title by adverse possession; the Hanzlicks counterclaimed seeking ejectment and an injunction for trespass.
- The district court quieted title in Hauxwell’s favor on adverse possession grounds without addressing whether she had standing to challenge the tax deeds or resolving the Hanzlicks’ counterclaims.
- The Nebraska Supreme Court reversed: it held Hauxwell lacked standing under Neb. Rev. Stat. § 77-1844 because she did not show she (or those under whom she claims) paid the delinquent taxes or tendered payment, and remanded for further proceedings on the Hanzlicks’ counterclaims (including injunction).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge treasurer’s tax deed (§ 77-1844) | Hauxwell argued she could challenge the tax deeds because she had possessed the land since 1971 and the tax deed procedure was defective (lack of notice). | Hanzlicks argued § 77-1844 requires the challenger to show title or payment of taxes; Hauxwell made no showing of tax payment or tender. | Held: Hauxwell lacked standing because she did not plead or prove payment or tender of the delinquent taxes as required by § 77-1844. |
| Validity of treasurer’s tax deeds | Hauxwell implicitly argued the deeds were invalid due to lack of adequate notice and actual possession by her family. | Hanzlicks argued the treasurer’s deeds are presumptively valid given statutory notice and recording. | Held: Court did not decide validity on the merits but, because Hauxwell lacks standing, the tax deeds are presumed valid. |
| Quiet title by adverse possession | Hauxwell argued she had continuous, exclusive, and adverse possession for more than ten years. | Hanzlicks contested adverse possession and relied on their recorded tax deeds and presumption of title. | Held: Court did not reach adverse-possession merits after resolving standing; reversed lower court’s quiet-title judgment. |
| Injunction/ejectment counterclaims | N/A (Hauxwell sought quiet title) | Hanzlicks sought ejectment and injunction against future trespass. | Held: Remanded for further proceedings on counterclaims and whether injunction is warranted given uncertainty about current occupancy and trespass risk. |
Key Cases Cited
- Ottaco Acceptance, Inc. v. Larkin, 273 Neb. 765 (Neb. 2007) (standing and tax-payment requirement to attack tax deed)
- Rice v. Bixler, 289 Neb. 194 (Neb. 2014) (appellate standard in equity cases)
- Underwood v. Nebraska State Patrol, 287 Neb. 204 (Neb. 2014) (statutory interpretation as a question of law on appeal)
- Frenchman-Cambridge Irr. Dist. v. Dept. of Nat. Res., 281 Neb. 992 (Neb. 2011) (timing for satisfying tax-payment requirement)
- Thompson v. Heineman, 289 Neb. 798 (Neb. 2015) (showing tender/payment to treasurer satisfies § 77-1844)
- Ottaco Acceptance, Inc. v. Huntzinger, 268 Neb. 258 (Neb. 2004) (presumption that treasurer’s tax deed reflects compliance with statutory sale requirements)
- Whipps Land & Cattle Co. v. Level 3 Communications, 265 Neb. 472 (Neb. 2003) (standard for injunctive relief against trespass)