S-24-0004 Woodsonia Hwy 281, LLC (Appellee) v. American Multi-Cinema, Inc. (Appellant)
Appeal from the District Court for Hall County, Judge Andrew C. Butler on appeal therefrom the County Court for Hall County, Judge Alfred Corey
Attorneys: Daniel L. Lindstrom and Samantha J. Merrill (Jacobsen Orr, Lindstrom & Holbrook, P.C., L.L.O. for Appellant) and Gregory Scaglione and Emily Coffey (Koley Jessen, P.C., L.L.O. for Appellee)
Civil: Commercial lease and forcible detainer
Proceedings Below: Appellee brought a forcible detainer action to remove Appellant from premises at the Conestoga Mall in Grand Island, Nebraska. The county court entered an order evicting Appellant, and the district court affirmed. On its own motion, the Court ordered this case transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant raises the following assignments of error: 1) The district court erred in holding that the county court had jurisdiction to hear this matter, which involves an issue of title; and 2) The district court erred in holding that the condemnation provisions in the lease gave Appellee the authority to give Appellant’s leasehold interest in the demised premises to the condemning authority— separate and apart from any conveyance of Appellee’s own fee interest in the demised premises—thereby terminating the Lease.