Neighbor versus neighbor hearing continued for three weeks. The judge did overrule a defense request to add more parties to the list of defendants.
Two couples (William and Ann Herek, Mark and Jann Bergerson) are asking Cass County District Court to declare that horse stable owners be ordered to shut down a riding lesson business on Swallow Hills residential property (lot 23) because the commercial operation violates the subdivision’s covenants.
The Cassgram reports the City of Plattsmouth, which granted a special use permit for the riding lesson/camp business, was added as a defendant by the court in May. (Archives 5/21/13)
The plaintiffs also allege the city violated Robert’s Rules of Order in the permit approval process.
A hearing on a request for a temporary injunction to suspend the riding lesson business was held in Cass County District Court earlier this week.
Plattsmouth City Attorney Roger Johnson appeared and asked for additional time as the city will be using an attorney (through its insurance provider) in the case. Cass County District Court Judge Randall Rehmeier granted the motion but let it be known the city must be ready with its defense when the next hearing is held August 5th.
Bill Reinsch is the attorney for defendants Cheryl Dorff Gourley and Scott Gourley. Reinsch entered 18 affidavits of individuals as evidence. He said the affidavits served “cross purposes” of offering resistance to the temporary injunction motion and to supporting a new plaintiff motion to add six other ”necessary parties” to the case because there is evidence those Swallow Hills property owners are operating businesses in the development. Reinsch said the filing against the Gourleys “strikes at the heart” of these other individuals operating businesses there so they “should be part of this litigation.”
Dave Chebatoris, the attorney for the plaintiffs, objected to the motion. “I don’t believe they are relevant,” said Chebatoris. He noted that many of the affidavits were dated in March, prior to the first hearing in the case. (archives 3/12/13)
Reinsch responded that he had wanted to wait until discovery in the case had been completed to offer the affidavits.
In overruling the defense motion, Rehmeier said that if there are other businesses in Swallow Hills “I do not think they are ‘necessary parties’ to this particular controversy.” He added that if they want to be included they can be, but they “do not have to be added.”