Complications with witness, schedule force postponement of J. Lake trial

Post date: Feb 10, 2010 2:20:5 AM

Posted: Tuesday, February 9, 2010 5:00 pm By HARRY G. PERKINS Hub Regional Correspondent | Kearney Hub on line at: http://www.kearneyhub.com

LEXINGTON — The appeal of property tax assessments at Johnson Lake in Dawson County District Court was postponed Monday until March 30.

The postponement was requested by Lincoln attorney Terry Barber on behalf of eight property owners(#) at Johnson Lake who are protesting the assessments for sewer costs on their property.

Barber requested the trial be postponed 30 to 40 days because an expert witness he plans to use cannot be prepared to testify by Feb. 16, the original trial date.

While trying to select an alternate date, Judge James Doyle was told by SID attorneys the time frame Barber requested would not work for them either, and Doyle set the March 30 date.

Another potential complication was raised with Barber’s contention that Central Nebraska Public Power and Irrigation District should be a party to the appeal.

Barber contended that the special assessments could become Central’s obligation if, for example, a leaseholder should walk away from their property. The assessments go with the land, not with the leaseholder.

Michael Klein of Holdrege, Central’s general counsel, objected to Barber’s suggestion.

“I don’t think the court has jurisdiction to compel the district to be a player in this,” he said.

David Skalka, the SID counsel, agreed with Klein.

Doyle said he wants to resolve the question as soon as possible. A third party in the bench trial March 30 could complicate and delay the appeal.

Doyle gave all parties until Thursday to submit briefs addressing their positions.

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(#)The nine clients/Interested Persons listed by Attorney Barber included: Karen Brown, Trustee and her Successors in Trust; William R Harris; Connie Joy Van Wie, Trustee of the Connie Van Wie Fist Amended and Restated Revised Trust; Graupner, Sands & Barber, a Nebraska partnership; GF&B Family, LLC, a Nebraska limited liability company; Ralph D and Lois M Niemoth, Co-Trustees of the Trust dated August 13, 2001; Glen R and Teresa J Lanman; Gary R Neff; and Douglas M and LuAnn Everson