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Nebraska Supreme Court dismisses AMC, Woodsonia lawsuit due to lack of jurisdiction

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Nebraska Supreme Court dismisses AMC, Woodsonia lawsuit due to lack of jurisdiction


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.

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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.

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“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.”



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33 Nebraska senators urge Board of Regents to delay vote on $800M acquisition of Nebraska Medicine

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33 Nebraska senators urge Board of Regents to delay vote on 0M acquisition of Nebraska Medicine


LINCOLN, Neb. (KOLN) – Thirty-two Nebraska state senators joined Sen. Brad von Gillern’s letter calling on the Nebraska Board of Regents to delay a vote on the proposed $800 million acquisition of Nebraska Medicine.

The letter, dated Thursday and bearing a total of 33 signatures from state senators, shared concerns about the proposed acquisition, including the lack of transparency to the public and the Legislature.

According to the letter, the regents’ Jan. 9 meeting agenda item summary indicates that the Board has “negotiated the final agreement over a series of meetings in the past 18 months”.

The regents will consider a proposal in which Clarkson Regional Health Services would give up its 50% membership in Nebraska Medicine. The deal would give full control of the health system to the University of Nebraska.

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However, the letter said the public and Legislature have had little time to understand the proposal, its impact and any financial implications of the transaction.

“The University of Nebraska and Nebraska Medicine are two institutions of tremendous significance to our state, and any major changes to the existing structures must be carefully considered,” the letter stated.

Senators are asking the Board to delay the vote to “ensure all viable alternatives have been considered and until all stakeholders understand the impact of the proposal for the state” and the two institutions.

The Board of Regents meeting, previously set for Friday, will now be held Thursday, Jan. 15 at 9 a.m.

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Pillen labels actions “destructive partisanship” as senator responds

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Pillen labels actions “destructive partisanship” as senator responds


A political dispute broke out on the first day of Nebraska’s legislative session after Governor Jim Pillen accused State Senator Machaela Cavanaugh of removing portraits from the capitol walls. Cavanaugh says she was following building rules and denies the move was political.



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Pillen: Nebraska senator tears down historical exhibits by PragerU from Capitol walls

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Pillen: Nebraska senator tears down historical exhibits by PragerU from Capitol walls


LINCOLN, Neb. (KOLN) – Parts of a temporary historical exhibit inside the Nebraska State Capitol were torn down by a state senator, Gov. Pillen alleges.

Gov. Pillen said Wednesday on social media that several displays of historical figures, key events in the American Revolution and portraits of those who signed the Declaration of Independence were “ripped off the walls” by state Sen. Machaela Cavanaugh of Omaha.

A 40-second video shared by Pillen appears to show Sen. Cavanaugh taking down several displays and a photo showed the items on the floor of her office.

A 40-second video shared by Gov. Jim Pillen shows Sen. Cavanaugh taking down several displays and a photo showed the items on the floor of her office.(Governor Jim Pillen’s office)

The displays featuring material made by the controversial conservative group PragerU were put up in the state Capitol as part of the United States’ 250th anniversary.

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“Celebrating America during our 250th year should be a moment of unity and patriotism, not divisiveness and destructive partisanship. I am disappointed in this shameful and selfish bad example,” Pillen wrote.

Cavanaugh told 10/11 that senators are prohibited from putting items on the walls in the hallway outside their offices. She said the posters line the entire hallway around the first floor, but she only took down the ones outside her office.

“When I walked in this morning and saw these poster boards lining the hallway of my office, I thought well I’m not allowed to have things lining the hall of my office… I tried to take them down as gently as I could and not damage any of them, and I stacked them inside of my office and I let the state patrol know that they were there,” Cavanaugh said.

PragerU has previously faced criticism for making content that historians, researchers and scholars have considered inaccurate or misleading. Some parents and educators have also spoken out against the nonprofit, saying its content spreads misinformation and is being used for “indoctrinating children.”

The Founders Museum exhibit in particular has been criticized by The American Historical Association for blurring the line between reality and fiction, according to NPR.

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The exhibit is supposed to remain on display during public building hours through the summer.

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