A-15-1112, Parking Mgmt. & Consultants (Appellant) v. City of Omaha
Douglas County, District Judge Kimberly M. Pankonin
Attorney for Appellant: James H. Monahan (Monahan & Monahan)
Attorney for Appellee (State of Nebraska, Department of Roads): Douglas J. Peterson and Barry K. Waid (Attorney General's Office)
Attorney for Appellee (City of Omaha): Alan M. Thelen and Jennifer J. Taylor (City Attorney's Office)
Civil Action: Injunctive relief; issue/claim preclusion
Action Taken by Trial Court: PMC sought injunctive relief against the City. The district court granted the City's motion for summary judgment and PMC appealed to this court. We reversed and remanded for consideration of whether PMC had standing. At that time the State was added as a necessary party. The district court concluded that PMC lacked standing, and also would lose on the merits, as decided prior to the first appeal. It therefore granted the City's and the State's motions for summary judgment.
Assignments of Error on Appeal: PMC argues that, on remand, the district court erred in (1) failing to find PMC leased the subject property from the State of Nebraska; (2) failing to determine the terms of the lease between PMC and the State; and (3) failing to find the court had jurisdiction of the case.
PMC also raised error from the original proceedings. Restated, PMC argues that in the original proceedings, the district court erred in: (1) failing to find the City violated PMC's due process rights by; (2) granting the City's motion for summary judgment; (3) denying PMC's request for injunctive relief; (4) finding that the State could transfer jurisdiction of its property to the City by stipulation.