Summary
In Kandt, we affirmed the trial court's injunction of the defendants from operating a religious school in violation of state law.
Summary of this case from Smeal Fire Apparatus Co. v. KreikemeierOpinion
No. 83-409.
Filed March 2, 1984.
Summary Judgment. Where there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law, summary judgment is a proper remedy.
Appeal from the District Court for Lincoln County: KEITH WINDRUM, Judge. Affirmed.
David C. Gibbs, Jr., Charles E. Craze, and Richard W. Moore of Gibbs Craze, and George E. Clough of Clough Hays, P.C., for appellants.
Paul L. Douglas, Attorney General, and Harold Mosher, for appellee.
KRIVOSHA, C.J., BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.
This was an action brought by the county attorney of Lincoln County, Nebraska, to enjoin the defendants from operating the North Platte Christian School in North Platte, Nebraska, without complying with the school laws of the State of Nebraska. The defendants answered that their religious convictions prevented them from complying with the school laws and that the laws in question violated the free exercise clause of the first amendment to the Constitution of the United States and other provisions of that Constitution and the Constitution of Nebraska.
The trial court sustained the plaintiff's motion for a summary judgment and entered a permanent injunction against the operation of the school until there had been compliance with the school laws. The defendants have appealed.
The record discloses that there are no genuine issues of fact and that the issues of law are controlled by our decision in State ex rel. Douglas v. Faith Baptist Church, 207 Neb. 802, 301 N.W.2d 571 (1981), appeal dismissed 454 U.S. 803, 102 S.Ct. 75, 70 L.Ed.2d 72. The summary judgment in favor of the plaintiff was properly entered.
The judgment is affirmed.
AFFIRMED.