The Nebraska Supreme Court has kicked back to a lower court a lawsuit over the use of City of La Vista funds to build a parking lot for a Cabela’s store.
The Supreme Court said it couldn’t determine when the statute of limitations would go into effect and thus asked Sarpy County District Court to handle the suit again.
The case involves Klaus Lindner’s lawsuit, which says it was unconstitutional for La Vista to use city money to build off-street parking near Cabela’s. Lindner contends that a special assessment against the retail store should have paid for the lot.
The city adopted an ordinance in January 2006 to fund the lot, the lower court said, and Lindner filed a complaint in December 2011. The lower court said the suit failed to meet a four-year statute of limitations.
But the Supreme Court said it couldn’t determine from the suit when the decision was made by the city or when it was implemented. “It’s as though we’re starting over, in practical terms,” Lindner’s attorney, K.C. Engdahl, said Friday. “We’re pleased.”
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