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Calvert files suit against Village of Bushnell

A lawsuit filed against the Village of Bushnell will be heard in Kimball's District Court on Aug. 4

The plaintiff, Emerson F. Calvert, seeks a continuation of a temporary injunction until trial.

According to the lawsuit, the village informed Calvert in March that it adopted the Nebraska Basic Code and had designated it as the Village Code of Ordinances as it pertains to nuisance properties and abatement procedures.

In a letter from the Village of Bushnell, Calvert was informed that the village deemed his property to be in violation of the nuisance code and that further action would be taken.

That abatement action would continue exactly 30 days after Calvert's receipt of the letter without further opportunity for rebuttal and with all costs associated to the abatement being borne by Calvert.

The letter further outlines which property will be removed from the land, including "miscellaneous tires, trash and other debris on ground and in buildings."

Calvert filed for an injunction before the 30-day deadline in the Kimball District Court asking that the village be prevented from entering the property and further prohibiting his ability to effectively run his business, ABC Towing.

Calvert alleges that the matter was not brought before the board of trustees, presented to the village board or voted on by the board of trustees.

Further allegations in the complaint state that on June 30, village employee Rickey Dickson and two village residents, Jessica and Juan, were observed trespassing on the property in question, though no trespassing signs are posted.

The granted temporary injunction states that the village cannot continue abatement proceedings against Calvert for his business property, located at the intersection of First and Chestnut streets in Bushnell.

William C. Peters Jr., attorney for Calvert, said Calvert receives requests from law enforcement as a towing business and that the village cannot determine items kept inside a private building a nuisance.

"We felt this was clearly an overreach and we weren't simply going to let that go unchallenged," Peters said. "Otherwise, what you have in your clothes closet could be considered a nuisance."

The village board of trustees are M. Timothy Nolting, Cody Halligan, Karl Szobody, Billy Lindsey and Steve Hickman.

"The Village of Bushnell is trying to remove unsafe and unhealthy properties in Bushnell," said Nolting, the village board chairman. "We are taking this into litigation. If the judge confirms that we have the authority, which we believe we do, then we can proceed. That is what we wish."

At the Aug. 4 court date, the court will consider whether or not to extend the injunction until the trial.