Decisions to come from Cass County District Court in the next few days in the civil lawsuit filed over the horse riding lesson business in Swallow Hills. Last week there was a temporary injunction hearing; this week there was a motion to dismiss hearing.
Cassgram reports Cass County District Court Judge Randall Rehmeier said he is working on that but has not yet issued an order.
In the hearing this week, the City of Plattsmouth asked for dismissal of the portion of the complaint in which it is named as a defendant. Attorney Larry Welch Jr. said the correct appeal process was not followed and the “city doesn’t belong in this issue” in the court system.
Heather Anschutz, co-counsel for the defendants, said “the city did not respect the covenants” of Swallow Hills and the district court filing is the appropriate way to seek remedy.
Rehmeier deemed the matter submitted and said he would lay the arguments side-by-side, study them, and issue an order.
Two couples, William and Ann Herek and Mark and Jann Bergerson, are asking the court to order that Scott and Cheryl Dorff Gourley shut down the riding lesson business in Swallow Hills because the commercial operation of the stable violates the subdivision’s covenants. The city issued a special use permit for the riding lesson business in February.