SCOTTSBLUFF, Neb. (WOWT/Gray News) – Just before Christmas, a Nebraska man’s home is once again his after a yearslong legal battle that went all the way to the U.S. Supreme Court.
A major weight was recently lifted off Kevin Fair’s shoulders as his case of injustice finally came to an end with a ruling by the Nebraska Supreme Court. He and his late wife lived in their Scottsbluff home for nearly 30 years. The home, which an assessor said was worth $60,000, was paid off, given to them as a wedding present by Fair’s mother, WOWT reports.
But when Fair’s wife got sick, the couple fell behind on their 2014 property taxes to the tune of $588.
Nebraska law allowed a private investor to pay off the tax debt with Scottsbluff County and take over ownership. From the beginning, Fair told WOWT the law defied common sense.
“They stand to make the money, and I won’t have anything after living here for 25 years,” he said.
Fair said that wasn’t right, and his case went all the way to the U.S. Supreme Court, which instructed the state Supreme Court to reconsider its ruling.
In August, the state Supreme Court ruled that the scenario did indeed violate the Constitution and that the government couldn’t take more than what was owed.
What used to be commonly referred to as home equity theft is no longer constitutional. With the ruling, there’s no telling how many more people like Fair won’t have to go through the heartbreak of losing their home.
Just before Christmas, Fair learned the investor has returned the title, and the house is once again his.
But as Fair’s legal case finally came to an end, his health took a major turn, and he now needs a different sort of help. After having a stroke last month, he needs a ramp to get into his home.
A GoFundMe has been set up to raise money for Fair to help pay for his ramp and an impending tax bill that accrued before he could apply for the homestead exemption.
“He’s grateful, and there’s already been a show of support,” said Christina Martin, senior attorney at Pacific Legal Foundation. “Every dollar will count. I know he is already so moved by the giving.”
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