By remboltludtke

Mark Fahleson and Sheila Bentzen successfully defend the City of Ashland, Nebraska

Posted in Announcements, Mark Fahleson, Real Estate, Sheila Bentzen

As October drew to a close, Rembolt Ludtke’s Mark Fahleson and Sheila Bentzen defended the city of Ashland, Nebraska in a case alleging that the City’s zoning regulations amounted to an unconstitutional “taking” of private property.

Back in 2003, the City of Ashland notified and then filed for injunctions against Randy and Helen Strodes for their violation of city zoning code and regulations. Later, in 2004, the City of Ashland notified the Strodes of another violation, this time related to a bridge load limit that they had been exceeding. It wasn’t until late 2013 that Randy and Helen Strodes filed a suit against the City of Ashland for inverse condemnation.

The statue of limitations was a focal point of this case since if it was in effect then the suit from the Strodes would be dismissible. Fahlehson and Bentzen presented their defence, citing previous cases with similarities and defining a clear timeline, and successfully defended the City of Ashland.

Read Full Court Advance Sheet