Summer Haven Lake Association v. Vlach

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Summer Haven Lake Association v. Vlach

Case Number
A-16-0638
Court Number
Dodge
Call Date
September 13, 2017
Case Time
1:00 PM
Case Summary

A-16-0638, Summer Haven Lake Association, Inc. (Appellee and Cross Appellant) v. Ronald G. Vlach and Victory Lake Marine, Inc., a Nebraska corporation (Appellants)

Dodge County, District Court Judge Geoffrey C. Hall

Attorney for Appellant:  K. C. Engdahl

Attorney for Appellee:  Thomas B. Thomsen (SidnerLaw)

Civil Action:  Injunctive relief

Action Taken by Trial Court:  The district court agreed that Vlach had violated Summer Haven’s rules and regulations, upheld the 120-day suspension of Vlach’s lake privileges, and enjoined him from further rules violations. The court also awarded Summer Haven $5,000 in attorney fees.

Assignments of Error on Appeal:  On appeal, Vlach assigns that the district court erred in (1) determining that provisions of the Nebraska Boat Act did not control and govern the use and operation of watercraft on Summer Haven Lake and in determining that rules and regulations of Summer Haven govern in preference thereto, (2) finding that Summer Haven met its burden of proof to establish that Vlach was bound by Summer Haven’s rules and subject to suspension of use rights, individually, and that he had violated them, (3) finding in favor of Summer Haven with regard to its claims and in the manner of granting an extraordinary remedy enjoining Vlach from future violation of rules and a 120-day lake suspension, (4) dismissing Vlach’s counterclaim and third party complaint, (5) awarding attorney fees in favor of Summer Haven, and (6) denying Vlach’s motions for summary judgment.

 

On cross-appeal, Summer Haven Lake Association assigns that the district court erred in failing to grant attorney fees in the amount of $16,600 and dismissing the action against Victory Lake Marine, Inc.

Case Location
Lincoln
Court Type
District Court
Panel Text
Inbody, Pirtle, and Riedmann, Judges