Nebraska
Nebraska Supreme Court dismisses AMC, Woodsonia lawsuit due to lack of jurisdiction
GRAND ISLAND, Neb. — The Nebraska Supreme Court has ruled a civil lawsuit between a movie theater operator and a developer must head back to Hall County District Court and be dismissed.
AMC, who formerly operated a seven-screen theater at the Conestoga Mall, sued Woodsonia, who is currently redeveloping the former mall into the Conestoga Marketplace, arguing it illegally terminated its lease.
Woodsonia sought to terminate AMC’s lease under a provision in the lease which would allow it to terminate the lease under the eminent domain provisions.
On March 15, 2023, the Community Redevelopment Authority adopted a resolution that authorized them “to begin negotiations and the process of exercising its eminent domain powers” if Woodsonia and AMC were unable to reach an agreement regarding the early termination of its lease.
The resolution also stated Woodsonia would “pay or deposit the fair market value for the remainder of the lease minus the rent AMC would have had to pay, as well as the relocation cost reimbursement.”
The developer’s lawsuit against AMC said Woodsonia had numerous attempts to negotiate with AMC. The opinion said Woodsonia proposed a settlement offer with AMC for $185,000, which AMC did not accept. He added this shows “good faith attempts at negotiation” had occurred.
AMC’s lease was terminated March 31, 2023, but the theater was found to still be in operation after that time.
The Hall County Court ruled in favor of Woodsonia, but AMC appealed to the Hall County District Court, who also sided with Woodsonia. AMC then appealed the case to the Nebraska Supreme Court.
In its opinion, the Nebraska Supreme Court remanded the case back to Hall County District Court with direction to dismiss, saying both courts lacked jurisdiction over the case since it involved a title dispute.
“The lower courts appear to have concluded there was no title dispute because, after reviewing the evidence, those courts believed Woodsonia had sufficiently proved its allegation that under the eminent domain provisions of the lease, AMC’s leasehold interest was validly conveyed by Woodsonia to the CRA and thereby terminated,” the Supreme Court said in its ruling.
“But it is immaterial whether a court thinks the evidence is sufficient to resolve a title dispute in a forcible entry and detainer action, because it plainly lacks jurisdiction to do so.”
Nebraska
Nebraska Correctional System names inspector general
Zach Pluhacek has been appointed as the new inspector general of the Nebraska Correctional System.
Pluhacek replaces former Inspector General Doug Koebernick, who resigned to work for the legislative audit office.
The office of inspector general for corrections was created in 2015 following a scandal involving the early release of some prisoners and a killing spree by released prisoner Nikko Jenkins.
Its duties include conducting investigations, audits, inspections, and other oversight of the Nebraska correctional system for the Legislature.
Pluhacek has worked for the office of inspector general since 2020. Before that he was as a legislative aide after working as a reporter and editor for the Lincoln Journal Star.
Nebraska
Who’s who in the race for District 38
Voters across south-central Nebraska’s sprawling Legislative District 38 will soon choose a replacement for State Sen. Dave Murman, who is leaving the Legislature due to term limits.
Five candidates are running for the open seat in District 38 in the May 12 primary election. The district covers Clay, Franklin, Furnas, Harlan, Nuckolls, Red Willow and Webster counties, as well as part of Phelps County.
The candidates come from a wide range of backgrounds, including local government, business, community advocacy and agriculture:
Tim Anderson is serving his fourth year as mayor of Sutton and also runs a farm south of town. He is married and a father of five. “I absolutely enjoy the process of problem solving, bringing people together and the community together to solve the issues that come up,” Anderson said.
Anderson decided to run because he wants to build on what he has learned as mayor. “There’s a lot of problems out there when it comes to taxes, daycare, and economic development, population expansion,” Anderson said. “I want to try to help out in Nebraska in my best way.”
Janelle Anderson Ehrke of Orleans is the founder and CEO of GROW Nebraska, which she describes as a nonprofit that creates “marketing venues and avenues for Nebraska businesses” globally.
“That’s mainly been my experience as far as working directly with rural communities in Nebraska: small businesses,” she said.
Anderson Ehrke explains that she has an agriculture background and that her family is involved in cattle feed yards.
She said she entered the race because she is focused on creating opportunities for rural communities and is concerned with dwindling main streets. “We needed a strong candidate that checked those boxes. And I just didn’t really see [that], especially [a candidate with] a strong economic development and ag base. So that’s why I decided to step in there.”
Jon Capps of Blue Hill owns an apartment complex and runs a consulting business that involves traveling and helping companies implement computer systems. Capps said he has not served on local boards. However, he said he is a veteran who has served as Commander of Legion Post 176.
“I have done several different things,” Capps said. “I’ve owned several companies, so bouncing in and out of that. But I’m primarily a businessman.”
He said his decision to run was influenced by his late wife. “My wife and I were married for 29 years. She passed away in February, but she would have loved this,” Capps said. “She wanted to do this. And so, we put our heads together and decided that we could.”
Capps said his main interest is “fixing some of the problems that are affecting businesses.”
Melanie Knight of Clay Center describes herself as a homemaker and an advocate, a process that started with her child who is on the autism spectrum needing resources which the local school district couldn’t provide.
“I consider myself an advocate,” she said. “And what that means is supporting people. I first did it with my children and then my elderly parents till they passed away.”
Knight said she decided to run for the open seat out of frustration that voices like hers were not being represented in the legislature.
“Honestly, I got fed up,” Knight said. “I got fed up feeling like our representatives in our state legislature were not listening to our voices. And it’s important that our representatives represent us and listen to us.”
Wes Wilmot of Beaver City is retired after 30 years with Verizon, including work as a senior engineer with the company. Amongst other community service, he says he served on the ESU Board for District 11 in Holdrege. “And we’ve done youth ministry for years and years, and we were leaders in that.”
Wilmot says he is also an EMT in Beaver City and has been for years.
Wilmot decided to run because he believes it is his calling. “It’s always been a part of my life to give back to the people, back to the state, back to everybody that helped, you know, me be what I am. And so now I’m retired, our family’s all gone, I’ve got time to go to Lincoln and serve there.”
More coverage of the District 38 race, including each candidates’ goals and priorities if elected, will be available on the NTV website.
Nebraska
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