Bohac v. Benes Service Company

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Bohac v. Benes Service Company

Case Number
Call Date
September 30, 2021
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0133 Karen Bohac as Personal Representative of the Estate of Marlene A. Benes (Appellant) v. Benes Service Company

Saunders County District Court, Hon. Christina M. Marroquin

Attorneys: Jovan W. Lausterer (Bromm, Lindahl, Freeman-Caddy & Lausterer, for Appellant);

                        Sheila A. Bentzen & Adam J. Kost (Rembolt Ludtke LLP, for Appellee)   

Civil:   Petition for Judicial Dissolution

Proceedings below: Karen Bohac (Appellant), as personal representative of Marlene Benes’ estate, filed a petition for judicial dissolution of Benes Service Company alleging the “Benes Brothers” (the 4 sons of Leonard and Marlene Benes) have “acted in an illegal, oppressive, and/or fraudulent manner” in multiple circumstances. Benes Service Company filed an election to purchase shares in lieu of a judicial dissolution of the company. After an evidentiary hearing, the district court determined that the fair value of the Estate’s 14.84% share of Benes Service Co. was $2,886,790 as of September 19, 2018, the day before the petition was filed. The district court then applied discounts accounting for the Estate’s minority status in the corporation and the lack of marketability of the stock, declined to award Appellant expenses, attorney’s fees, and interest, and provided for payment of the judgment in annual installments over 5 years.

Issues on appeal: Appellant assigns that the district court erred in 1) failing to apply the definition of “fair value” as set forth in Neb. Rev. Stat. § 21-2,171(3); 2) applying lack of marketability and minority discounts to an asset approach as a going concern; 3) failing to find that Appellant had probable grounds for relief entitling the estate to an award of expenses pursuant to Neb. Rev. Stat. § 21-2,201(c); 4) failing to award Appellant interest starting on September 19, 2018, pursuant to Neb. Rev. Stat. § 21-2,201(e); and 5) granting Appellee 5 years to make annual, interest free, payments.

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