Posted March 03, 2017 11:08am
(KLZA)-- The City of Falls City has been involved in a number of lawsuits in recent years brought against the City and other entities by David Leon Frederick and Salem Grain.
During the February 20th Council meeting, City Administrator Gary Jorn updated the Council on these legal actions.
The first case was David Leon Frederick vs. the City of Falls City and EDGE. There was a second amended complaint filed. Frederick claimed he did not receive the public records he requested. The District Court denied his request, that ruling was appealed to the Supreme Court. The Supreme Court has denied the second amended complaint, which should end this case.
In another case, Salem Grain and David Leon Frederick has sued the City of Falls City Community Redevelopment Authority and Consolidated Grain and Barge. This case was originally filed in 2012. The District Court ruled on 11 of 12 causes of action. That ruling was appealed to the Supreme Court, which sent it back to the District Court to try the 12th cause of action.
A trial was held February 9, and in mid-February the ruling was issued that said based on evidence submitted, no public meetings took place by the CRA on August 15th or November 9th, 2012.
In another lawsuit, Attorney’s David Haughton and Doug Merz are suing the City of Falls City for attorney fees. They claim fees are owed to them, based on benefits they allege the City received from a lawsuit being filed against the Nebraska Municipal Power Pool and Nebraska Public Gas Agency. Jorn provided the Council with some history on the case.
Jorn said the District Court ruled in the cities favor, that ruling was appealed to the Nebraska Supreme Court which ruled Falls City had no standing to file the lawsuit, meaning Falls City received nothing.
Jorn says he is hopeful the suit will be completed sooner rather than later.
Mayor Jerry Oliver also commented, noting the City did not hire Merz and Haughton, that Merz was the City Attorney at the time and Haughton used him as a reference at the time.
The City filed the original legal action in 2006.