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June 6, 2006 – Today, Nebraskans for Shoemaker, the campaign to elect Frank Shoemaker to the Nebraska Legislature’s 44th district seat, announced the conclusion of a ten-year real estate dispute between Republican Valley Windworks (RVW) and Phyllis R. Brown of rural Furnas County.

The dispute is related to the sale of Furnas County farm property by Brown and her late husband to RVW. RVW is owned, in part, by candidate Frank Shoemaker.

In a judgment written by District Judge James Doyle, disagreements relating to property taxes not paid by the seller, an undisclosed natural gas line, grain bins that were not delivered upon sale, irrigation equipment not transferred, the use of outbuildings and the proceeds from the sale of scrap metal were outlined in detail. The decision found for RVW on four of the six issues.

Of the property tax issue, Doyle said the seller “had the duty to pay the 1994 taxes on all the grain bins, that they failed to do so” and that RVW is entitled to a credit because it paid the taxes for the seller.

The court also found that RVW had established that the existence of an undisclosed natural gas pipeline was a “substantial impediment” to the use of the property and that it “presented a potential hazard which required remediation.” The court found that the existence of the gas pipeline supported RVW’s claims for a breach of the contract and that RVW was entitled to recoup the cost of eliminating the hazard.

Noting that “there was not a meeting of minds between the parties as to how long the plaintiff’s would have to remove the grain,” the court found that the sellers had established a “breach of the agreement” with regard to the use of grain bins on the property, and awarded RVW an amount equal to the reasonable rental value of the property for the time that it was made unavailable by the plaintiff.

The court also found that the sellers failed to deliver possession of all irrigation equipment as required by the agreement, having sold a portion of the promised equipment at a farm sale. The court said, “the action of the plaintiffs in selling the property wrongfully deprived (RVW), the rightful owners, of their use of the property.” The court found that RVW was entitled to $3,200 for the equipment.

The judgment did not, however, agree with the RVW’s claims for the use of outbuildings or the sale of scrap metal by Brown, but did award credits based upon breaches of contract to RVW in the amount of $12, 919.68. After the noted adjustments, RVW was directed to pay the balance of the purchase price plus interest.

Of the decision, Shoemaker said, “We have been trying to sort this thing out for more than ten years now. I very relieved to have this issue behind me.”

Frank Shoemaker is a practicing attorney and farmer who was born in Cambridge, Nebraska, attended Cambridge Public High School and graduated in 1967. In 1971, Shoemaker graduated from Doane College, Crete, Nebraska with a Bachelor of Arts in History and was a member of the United States Peace Corps from 1971 to 1973, living in Ecuador, South America. Shoemaker graduated with a Juris Doctorate from the University of Nebraska College of Law in 1978 and sits on the board of directors for Pinpoint Communications in Cambridge, Nebraska. Shoemaker is seeking election to the legislature in the 44th district on a platform that emphasizes the importance of quality education, quality healthcare and a reasonable system of taxation. Shoemaker’s campaign web site is located at www.nebraskansforshoemaker.com.