Thanks to the years of outstanding work by Andy Barry of Cline Williams Law Firm, the League’s Legal Counsel on LARM-related issues, and his dedicated associate, John Zimmer, the Duly Elected LARM Board prevailed and all LARM-related litigation is over! This is a tremendous victory for LARM and all LARM Members!
Andy Barry was notified on Sept. 12, 2019, that the Lancaster County District Court issued an order on Sept. 11, 2019, in Case No. CI 19-418 dismissing the action against the individual members of the Duly Elected LARM Board of Directors. The court order in Case No. CI 19-418 refers to the court’s previous order on Aug. 15, 2019, in the quo warranto action (Case No. CI 18-1446) which ousted former members of the “Purported LARM Board” rendering as moot this challenge to the service of the individuals serving on the Duly Elected LARM Board. Andy also was notified that the Lancaster County District Court issued an order on Sept. 11, 2019, in Case No. CI 18-1989 in acceptance of the joint motion and stipulation agreed to by the parties, ending all pending LARM-related litigation.
BACKGROUND
The attached memo from LARM Board Chair Doug Hanson sent on Sept. 4, 2019, to all League and LARM members includes excerpts from the quo warranto action (Case No. CI 18-1446) which ousted the former members of the “Purported LARM Board” and set the stage for negotiations to resolve other pending litigation. On Sept. 9, 2019, the Duly Elected LARM Board held a special meeting by telephone conference call to consider approval of the “Joint Motion, Stipulation and Consent Order” in Case No. CI 18-1989 and authorize Jason W. Grams of Lamson, Dugan and Murray to enter an appearance on behalf of LARM to effectuate the “Joint Motion, Stipulation and Consent Order.” Andy Barry, (representing Ansley, Hickman, North Platte and me, as LARM’s Administrator) explained the legal significance of his negotiations primarily with David Domina of Domina Law Group, the attorney representing the former individual members of the “Purported LARM Board.” Stephen Bruckner of Fraser Stryker, and Jerry Pigsley of Woods & Aitken, both representing the former “Purported LARM Board,“ also agreed to the terms of the negotiated agreement reflected in the “Joint Motion, Stipulation and Consent Order.” This negotiated agreement brings all of the pending litigation to a close and confirms the LARM Board’s governance of LARM since the former individual members of the “Purported LARM Board” agreed NOT to appeal the decision rendered on Aug. 15, 2019, by the Lancaster County District Court in the quo warranto action which ousted them from office (Case No. CI 18-1446).
It should be noted that LARM Board Member Sandra Schendt, Clerk/Treasurer of Nelson, voted in favor of the negotiated agreement, but stated the following: “I have talked to my Mayor and another Community’s Mayor about the ‘Joint Motion, Stipulation and Consent Order’ agreement that has been made. We are not happy with the added expenses the Former Purported Board has created for the LARM members. That being said, we all agree that it is now time to move forward and bring all of the members together and make LARM stronger than ever. But, we will remember how the Former Purported Board acted, and how it was all for nothing.”
The following documents are attached for your review:
The memo from LARM Board Chair Doug Hanson sent on Sept. 4, 2019, to all League and LARM members;
The Order of Aug. 15, 2019, in Case No. CI 18-1446 ousting all former individual members of the “Purported LARM Board”;
The “Joint Motion, Stipulation and Consent Order” in Case No. CI 18-1989 agreed to by all parties, including the Duly Elected LARM Board on Sept. 9, 2019;
The Order of Sept. 11, 2019, in Case No. CI 18-1989 in acceptance of the joint motion and stipulation agreed to by the parties; and
The Order of Sept. 11, 2019, in Case No. CI 19-418 dismissing the lawsuit challenging the service of individual members of the Duly Elected LARM Board.
Thank you to Andy Barry and John Zimmer for their extraordinary legal work! Thanks to Ansley, Hickman and North Platte for their willingness to join me as plaintiffs in the quo warranto case! Last, but not least, thanks to members of the Duly Elected LARM Board, the League Executive Board, and most importantly, the LARM members across the state for their long-standing support and commitment to restore LARM to a membership-driven organization!
L. Lynn Rex
Ex-Officio, Non-Voting, Board Member and “Administrator” of LARM
Executive Director of the League of Nebraska Municipalities
1335 L Street
Lincoln, NE 68508
Phone: 402-476-2829
Fax: 402-476-7052
lynnr@lonm.org
