The district court further found that Detter was not entitled to attorney fees pursuant to § 21-20,166(5)(b). The Court of Appeals affirmed. Detter v. Miracle Hills Animal Hosp., 12 Neb. App. 480, 677 N.W.2d 512 (2004). This court granted Detter's petition for further review.
June 30, 2004. 12 Neb. App. 480 (2004). Petition of appellant for further review sustained on June 30, 2004.
There is no clear authority in Nebraska as to exactly what might constitute oppression; thus, it is unclear on what basis the district court reached its conclusion that the evidence did not support a finding of oppression. We know that oppression does not include simply being unkind or mistrusting, see Detter v. Miracle Hills Animal Hosp. , 12 Neb.App. 480, 677 N.W.2d 512 (2004), overruled in part on other grounds, Detter v. Miracle Hills Animal Hosp. , 269 Neb. 164, 691 N.W.2d 107 (2005) ; nor does it include the failure to hold shareholders' meetings or appoint a second director, see Woodward v. Andersen , 261 Neb. 980, 627 N.W.2d 742 (2001). Further, neither the Business Corporation Act applicable in this case, nor the new Nebraska Model Business Corporation Act, § 21-201 et seq. (Cum. Supp. 2016) (operative January 1, 2017), provide any guidance on what constitutes oppressive conduct.
June 30, 2004. 12 Neb. App. 480 (2004). Petition of appellant for further review sustained on June 30, 2004.