Bellevue businessman wins lawsuit against city hall

BELLEVUE, Neb. (WOWT) - There’s a saying when it comes to the average citizen taking on the government in court that you can’t beat city hall. That didn’t stop a Bellevue businessman from trying.

Heavy rain two years ago washed away part of a strip mall owned by then Bellevue City Councilman Pat Shannon.

“Four more businesses here, and all those businesses destroyed, and they had to move and go elsewhere,” said Shannon.

When he lost re-election and became a regular citizen Shannon knew from experience it would be tough to take on the city in court and win.

“Principle fights sometimes cost you a little bit, but you need to stand on principle, and that way we hold the city accountable,” said Shannon.

Shannon’s dispute with the neighbor over responsibility for the flash flood damage drug on for months. So, the city of Bellevue decided to tear down the eyesore building and put a lien on the property for the demolition cost of about $25,000. Shannon filed suit against the city of Bellevue claiming it overbilled him by failing to remove footings and not cutting a huge slab which put the still usable section of a strip mall in jeopardy.

“The manner in which this demolition was completed left Mr. Shannon worse off, far worse off than the manner that was approved by the city council,” said Adam Sipple, Shannon’s attorney.

District Court Judge Stefanie Martinez wrote no reasonable person would contract for work performed in the manner orchestrated by the city. The judge ordered the city’s bill cut by more than $15,000.

“They’re like any other business and you can’t overcharge for what you do,” said Shannon.

In an email, says the city disagrees with much of the opinion and intends to appeal. She says the evidence shows a much different story and the city looks forward to presenting it to the appellate court.

The City has reviewed the District Court opinion regarding the lien that was placed on the property at 1503 Galvin Rd S. The City intends to appeal the decision and disagrees with much of the opinion and how the court came to its findings. The evidence presented at trial shows a much different story and the City looks forward to presenting this to the appellate court for review.

Shannon says he wanted to show you can fight city hall and win but it has not been a cheap battle. This lawsuit has cost him more than $50,000 in legal fees.

Despite legal bills sure to grow Shannon promises to rebuild.

“It’s going to go from an eyesore to the nicest building on Galvin,” said Shannon.

Plans he’s shown to neighbors and new tenants like Kathy’s Kids daycare owner Kathy Grout.

“It’s definitely about time and soon as it is built we’re moving up here and that will be awesome. So, what does this mark a move forward? Hopefully yes,” said Grout.

A new strip mall built on the site of a legal battle between parties with a history. The city of Bellevue and one of its former city councilmen.

Pat Shannon says he’s paid the $10,000 demolition bill that the judge ruled was the fair amount. Still to be decided in court is who pays for all the legal fees.

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