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.”

LINCOLN, Neb. (Nebraska Examiner) – Lawmakers took a step Wednesday to cap the out-of-pocket cost for epinephrine injectors and ensure Nebraska schools and licensed child care programs have policies to respond to allergic reactions.

Legislative Bill 457, from State Sen. Eliot Bostar of Lincoln, advanced 31-0 to the second stage of debate. It would limit out-of-pocket costs for medically necessary epinephrine injectors, including EpiPens, to no more than $60 for a two-pack, regardless of the type.

Bostar said some generic injectors can cost between $320 and $750, while name brand injectors can cost between $650 to $730. If passed, the cap would take effect Jan. 1, 2026.

“The absence of a cure for life-threatening food allergies underscores the critical importance of epinephrine auto injectors for preventing fatal anaphylaxis, which is a life threatening allergic reaction that, without prompt administration of epinephrine, the consequences can be dire,” Bostar said at his bill’s Feb. 10 hearing.

Dr. Hanna Niebur, a board-certified physician specialized in pediatrics and allergy immunology, spoke in favor of the bill at its hearing. She represented the Nebraska Medical Association and the Nebraska Academy of Allergy, Asthma and Immunology.

Niebur said LB 457 would save lives and that she’s seen firsthand the “terrifying speed at which anaphylaxis can take hold.”

“Starts with itching or swelling but within minutes, a child may struggle to breathe as their airway swells shut,” Niebur testified. “Without immediate access to epinephrine, anaphylaxis can be fatal.”

Bostar noted at the hearing that an eighth-grader in a Papillion school died three years ago at the age of 14 after a severe allergic reaction from eating a granola bar with peanuts that his teacher had given him. Papillion-La Vista Public Schools paid a $1 million settlement in connection to the teen’s death.

Roughly 200,000 Nebraskans have food allergies, and more than 36,000 are children, Bostar said.

LB 457 would require the Nebraska Department of Health and Human Services and the Nebraska Department of Education to create model policies for preventing and responding to anaphylaxis.

The policies would need to include:

• Procedure and treatment plans, including emergency protocols and responsibilities for child care staff, school nurses and other school staff.
• Appropriate guidelines for developing and implementing an individualized health care plan for children with an allergy that could result in anaphylaxis.
• Communication plans for the intake and dissemination of information provided by the state regarding children with an allergy that could result in anaphylaxis, including methods, treatments and therapies to reduce the risk of allergic reactions.
• Strategies for reducing the risk of exposure to allergens.
• Communication plans for discussing with children and all parents or guardians of children attending the school district or a licensed child care program about foods that are safe and unsafe and strategies to avoid exposure to unsafe food.

Licensed child care providers or schools without an anaphylaxis prevention and response policy would need to adopt one by July 1, 2026. Officials could adopt the model policy put forward by the state.

Niebur, speaking at the hearing, said financial barriers should never determine whether a child lives or dies.

While the Department of Education already requires schools and approved early childhood education programs to have an emergency response plan for life-threatening asthma or anaphylaxis, there is no universal standard, Niebur said, so the bill would provide “consistent, medically sound guidance.”

About 11% of schools report at least one episode of anaphylaxis each year, she added.

Robert Bell, executive director for the Nebraska Insurance Federation, said many health plans already cap out-of-pocket costs for EpiPens.

His organization was “neutral” on the bill, “because the Federation understands the lifesaving nature of EpiPens in emergencies but generally opposes health care insurance mandates.”

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