Kemnitz v. Thalken

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Kemnitz v. Thalken

Case Number
Call Date
January 12, 2016
Case Time
1:00 PM
Case Summary

A-14-0948, Faith Ann Kemnitz and Crestwood Farms, LLC (Appellant) v. Larry Thalken, personal representative for the Estate of Viola T. Thalken

Platte County, District Court Judge Robert R. Steinke

Attorney for Appellant: L.J. Karel (Karel & Seckman)

Attorney for Appellee: Jacqueline M. Tessendorf (Tessendorf & Tessendorf, P.C.)

Civil Action: Real Estate ' Option to Purchase

Action Taken by Trial Court: The trial court denied a request for an order of specific performance of the option to purchase contained in lease farm property.

Assignments of Error on Appeal: The appellant assigns that the district court abused its discretion by finding that the personal representative was not under a duty to provide direct, actual notice of the lessor's death; by finding that the right to exercise the option was conditioned upon lessee's compliance with other provisions of the lease; by finding that strict enforcement of the lease's payment provisions was not waived; by refusing to enforce the option to avoid forfeiture of lessee's substantial improvements to the leasehold; and by refusing to enforce the option.

Case Location
Panel Text
Moore, Chief Judge, Inbody, and Bishop, Judges