Last Pass Aviation v. Westco

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Last Pass Aviation v. Westco

Case Number
S-16-0207
Call Date
December 5, 2016
Court Number
Box Butte
Case Summary

S-16-207 Last Pass Aviation, Inc., Tony D. Peterson, and Lucas J.H. Peterson v. Western Cooperative Company (Appellant)

Box Butte County District Court, Judge Travis P. O'Gorman

Attorneys: Gary J. Nedved (Keating, O'Gara, Nedved, & Peter, P.C., L.L.O.) and Jon Worthman (Worthman Law Office) for Appellees ' Steven W. Olsen and Adam A. Hoesing, (Simmons Olsen Law Firm, P.C.) for Appellants

Civil: Declaratory Judgment/Contract Enforcement ' Covenant Not to Compete

Proceedings Below: District court issued declaratory judgment in favor of Appellees and declared that the covenant not to compete was not applicable to or binding upon Appellee Lucas J.H. Peterson because he did not mutually assent to the covenant or the underlying agreement and that the covenant not to compete was void and unenforceable to Appellees Tony D. Peterson and Last Pass Aviation, Inc. because it was greater than reasonably necessary in geographical scope and duration.

Issues: Whether the district court erred in (1) finding the geographic scope and duration of the covenant not to compete was unreasonable, (2) finding no evidence supported the reasonableness of a ten-year duration in the covenant not to compete, (3) placing upon the Appellant the burden of proving the reasonableness of the 10-year duration of the covenant not to compete, (4) issuing a declaratory judgment which was advisory and which did not resolve all of the issues between the parties, (5) failing to equitably reform the covenant not to compete, and (6) refusing to receive Exhibit 22, a purchase agreement between the Appellant and Reisig Brothers' Aerial Spraying, Inc.