Roggasch v. Region IV Office of Developmental Disabilities

423 N.W.2d 771, 228 Neb. 636, 1988 Neb. LEXIS 204
CourtNebraska Supreme Court
DecidedMay 27, 1988
DocketNos. 86-712, 86-713
StatusPublished
Cited by3 cases

This text of 423 N.W.2d 771 (Roggasch v. Region IV Office of Developmental Disabilities) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roggasch v. Region IV Office of Developmental Disabilities, 423 N.W.2d 771, 228 Neb. 636, 1988 Neb. LEXIS 204 (Neb. 1988).

Opinion

Hastings, C.J.

In these two cases, the parents of Ronald Roggasch seek recovery on their own behalf as parents and on behalf of their minor son for his injuries allegedly caused by the negligence of employees of Region IV Office of Developmental Disabilities (Region IV), while he was under their care. The district court sustained demurrers of Region IV and dismissed the plaintiffs’ amended petitions when they declined to plead further. The cases were consolidated for briefing and argument in this court. We affirm.

Plaintiffs’ petitions alleged that the defendant was a mental health region created, pursuant to Neb. Rev. Stat. § 71-5002(6)(d) (Reissue 1981), to provide comprehensive community mental health services and facilities. They further alleged that defendant is governed by a governing body provided by contract. Summonses were served on a person stated by the plaintiffs to be the managing agent. Nowhere in the petitions and amended petitions do the plaintiffs allege compliance with either the State Tort Claims Act, Neb. Rev. Stat. §§ 81-8,209 et seq. (Reissue 1987), or the Political Subdivisions Tort Claims Act, Neb. Rev. Stat. §§ 23-2401 et seq. (Reissue 1983 & Cum. Supp. 1984). It was on this basis that the trial court sustained the demurrers.

As provided in Neb. Rev. Stat. § 25-806 (Reissue 1985), a defendant may demur to a petition when it appears on its face that the court has no jurisdiction of the subject of the action, there is a defect in parties, or the petition does not state facts sufficient to constitute a cause of action. Defendant’s demurrers in these instances were based on the latter two reasons. Therefore, the central issue in these cases is whether [638]*638the petitions on their face show such defects.

In other words, is Region IV a private entity or, instead, is it a state agency or a political subdivision, and does such information appear on the face of the petitions? The only facts in our possession are found in an exhibit attached to each of the amended petitions.

According to that exhibit, Region IV was established by written agreement dated June 10, 1974, and signed by Dakota, Dixon, Wayne, and Madison Counties. We know from the Interlocal Cooperation Act, Neb. Rev. Stat. §§ 23-2201 et seq. (Reissue 1983), that the purpose of the act was to

permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities.

§ 23-2201. In § 23-2203, the term “public agency” is defined to mean any “county, city, village ... or any other municipal corporation or political subdivision of this state----”

Neb. Rev. Stat. § 83-1,141 (Reissue 1987) provides, among other things:

(1) It is hereby declared to be the public policy of the State of Nebraska that a pattern of facilities, programs, and services should be available to meet the needs of each person with mental retardation so that a person with mental retardation may have access to facilities, programs, and services best suited to such person throughout his or her life.

Neb. Rev. Stat. § 83-1,142 (Reissue 1987) provides:

(1) To carry out the policies and purposes of section 83-1,141, the director of the office of mental retardation shall provide a comprehensive and integrated statewide plan for facilities, programs, and services for persons with mental retardation----
(3) Any public agency defined by section 23-2203 may [639]*639enter into agreements and compacts to form cooperative undertaking'^ or separate legal entities under the Interlocal Cooperation Act for the purpose of entering into agreements qn a regional basis with the director for providing facilities, programs, and services for persons with mental retardation. Each public agency having taxing authority may levy and collect taxes within its geographical un(t in an amount not to exceed one and seven-tenths cents on each one hundred dollars on the actual valuation o( all taxable property except intangible property for the purpose of funding programs within sections 83-1,141 to 83-1,146.
Additional money needed for the funding of such programs may be obtained from taxes levied and collected under the general fund levy of any public agency having taxing authority.

It is provided by Neb. Rev. Stat. § 83-1,143.01 (Reissue 1981) that each region shall prepare a proposed budget which shall be reviewed by the Department of Public Institutions and sent to the Director of Administrative Services, with the final budget for each mental retardation region to be set by the Legislature.

The office of mental retardation shall provide funds on a matching basis for community-based programs on the basis of $3 for each dollar available in the community. Neb. Rev. Stat. § 83-1,143.03 (Reissue 1987).

Finally, the Legislature has created six mental retardation regions in the state, with Region IV to consist of the counties of Cherry, Keya Paha, Boyd, Brown, Rock, Holt, Knox, Cedar, Dixon, Antelope, Pierce, Wayne, Dakota, Thurston, Madison, Stanton, Cuming, Burt, Boone, Platte, Colfax, and Nance. Neb. Rev. Stat. § 83-1,143.06 (Reissue 1987).

Although neither the statutes relating to mental retardation nor the Interlocal Cooperation Act seem to provide for the method of governing Region IV, the organizational agreement which is attached to and incorporated into the amended petitions as exhibit 1 appears to track the provisions of Neb. Rev. Stat. § 71-5004 (Reissue 1986), which provides in part that “[a]ny combination of counties operating under the provisions [640]

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Related

City of Falls City v. NE MUN. POWER POOL
777 N.W.2d 327 (Nebraska Supreme Court, 2010)
Opinion No. (1994)
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Roggasch v. OFFICE OF DEV. DISABILITIES
423 N.W.2d 771 (Nebraska Supreme Court, 1988)

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Bluebook (online)
423 N.W.2d 771, 228 Neb. 636, 1988 Neb. LEXIS 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roggasch-v-region-iv-office-of-developmental-disabilities-neb-1988.