SKYLINE MANOR, INC. EX REL. LINK v. RYNARD

No. S-13-875.

852 N.W.2d 303 (2014)

288 Neb. 602

SKYLINE MANOR, INC., a Nebraska nonprofit corporation, BY AND THROUGH the following member of the board of directors: Emerson LINK, as director and on behalf of the corporation, appellant, v. Robert L. RYNARD, Sr., et al., as members of the board of directors of Skyline Manor, Inc., appellees.

Supreme Court of Nebraska.

Filed July 18, 2014.


Attorney(s) appearing for the Case

Keith I. Kosaki , Jeff C. Miller , and Duncan A. Young , of Young & White Law Offices, for appellant.

William F. Hargens and Ruth A. Horvatich , of McGrath, North, Mullin & Kratz, P.C., L.L.O., for appellees.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.


Stephan, J.

The district court for Douglas County determined that Emerson Link lacked standing to bring this derivative action on behalf of Skyline Manor, Inc. (Skyline), a Nebraska nonprofit corporation without members, and dismissed the action for lack of subject matter jurisdiction. We reverse, and remand for further proceedings.

FACTS

Skyline's mission is to provide housing, retirement, and nursing facilities for elderly persons in the Omaha...

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