S-17-0277 Salem Grain Company (Appellants) v. City of Falls City
Richardson County District Court, Hon. Daniel E. Bryan
Civil: Tax Increment Financing; summary judgment
Attorneys: Stephan D. Mossman, Ryan K. McIntosh, & J.L.Spray (Mattson Ricketts Law Firm) (Appellants) --- John M. Guthery & Jeanette Stull (Perry, Guthery, Haase & Gessford, P.C., L.L.O.) (Falls City Community Redevelopment Authority) --- Terry Dougherty, Kari A. F. Scheer, Audrey R. Svane (Woods & Aitken LLP) (Consolidated Grain & Barge Co.) --- Michael R. Dunn (Halbert, Dunn & Halbert, L.L.C.) (City of Falls City)
Proceedings below: The district court sustained Appellees’ summary judgment motion as to ten causes of action and dismissed the final cause of action regarding violations of the Open Meetings Act following a trial.
Issues: The District Court erred 1) by entering an Order on April 5, 2013, which granted in part third-party Falls City Economic Development and Growth Enterprise, Inc.’s Motion to
Quash and stayed discovery for nearly two years, 2) by entering an Order on January 23, 2016, denying Salem Grain’s Motion for Leave to Amend Complaint by filing a Second Amended Complaint, 3) by entering an Order on June 14, 2016, which granted Defendants’ Joint Motion for Summary Judgment and dismissed Salem Grain’s Causes of Action one, two, three, four, five, six, seven, eight, nine and ten in Salem Grain’s First Amended Complaint on the grounds of mootness, 4) by entering an Order on January 17, 2017, which denied Salem Grain’s Motion for Leave to Amend Complaint by filing a Third Amended Complaint, 5) by entering an Order on January 17, 2017, which denied Salem Grain’s Motion to Continue Trial, 6) by entering an Order on February 14, 2017, which dismissed Salem Grain’s twelfth cause of action for Open Meetings Act violations following a trial to the Court, and 7) under Nebraska’s notice pleading rules, by not allowing Salem Grain to present certain evidence at the February 9, 2017 trial regarding Open Meetings Act violations by the Defendants.