LINCOLN- This week the Nebraska Supreme Court began hearing arguments of a case that looks at whether Nebraskans being evicted from their homes have a constitutional right to a jury trial. Legal Aid of Nebraska and Nebraska Appleseed have dubbed the case a "landmark case", and they are sharing the role of representing the tenant, Teresa Holcomb, against NP Dodge.

NP Dodge has asserted that Holcomb violated a clause about crime-free housing by threatening to attack two other residents in a common area. The Legal Aid and Appleseed team have argued that Holcomb deserves a jury trial to determine whether her “words of frustration” violated the clause. The appeal to the Supreme Court followed a decision by a Douglas County District judge who upheld a county court’s ruling allowing NP Dodge to evict Holcomb from a South Omaha apartment complex.

An Appleseed lawyer said eviction proceedings are “extremely fast” and that a jury trial would offer more opportunity for tenants to present a defense. Attorneys from Legal Aid want the focus to remain on evictions. “There was a lot of talk about the eviction process when the pandemic began, but this has been — and will continue to be — an issue throughout the state regardless of the pandemic,” the Legal Aid lawyer said.

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