PLATTSMOUTH, Neb. — Two years after plans for a Wal-Mart Supercenter surfaced in Plattsmouth, a Cass County judge will resolve a controversial land dispute.

The trial before District Judge Randall Rehmeier is expected to draw outside interest because of its potential impact on economic development near Plattsmouth.

The lawsuit pits two of the town’s most prominent families against each other.

Barb and Boyd Linder, owners of Linder Tire and Auto, have accused developers of violating a set of subdivision covenants drawn up in 2002.

The defendants are members of the Schneider family, fourth-generation owners of the Plattsmouth State Bank.

The Linders contend that subdivision rules required the entire 86-lot Osage Ranch development to remain exclusively single-family homes, and that under no circumstances could the developers change plans after the fact.

“The reason you have covenants is to provide protection that zoning can’t,” said the Linders’ attorney, David Domina. “Covenants are not political once they exist. No one can argue that zoning is not political.”

By filing a civil lawsuit, the Linders want to ensure that Wal-Mart or a similar retailer does not try to build in the development at a future date, Domina said.

When the Linders purchased their lot, none of the subdivision maps included plans for a retail development, he said.

“The Linders moved here with the thought that this was a nice, safe, pleasurable place to retire and have quiet,” Domina said.

Boyd Linder is a former Cass County Board member. The couple moved into Osage Ranch in 2004.

Three Schneider siblings — Lori, Greg and David — are developers of Osage Ranch.

In 2005, they reached an agreement to sell 17 acres to Wal-Mart for a 100,000-square-foot general merchandise store. Last fall, Wal-Mart announced it was no longer interested in building at that location.

Commercial and residential development along U.S. Highway 75 has stalled. No new homes have been built in the five-year-old subdivision in the past year.

The Schneiders’ lawyer, Greg Scaglione, said the developers had up to 10 years to “amend or modify” their subdivision’s restrictions, or covenants, starting in 2002.

Scaglione said it’s a common practice for real estate developers to alter their plans afterward.

The Schneiders want the judge to allow them to shave 14 single-family lots off their subdivision to allow for an undetermined commercial venture, their attorney said.

Besides Osage Ranch, the Schneiders also own a 13.6-acre parcel directly north of the subdivision, land already zoned commercial. That land is large enough for a couple of strip malls, a hotel, convenience stores and fast-food stops.

“I think this whole lawsuit was always about trying to stop Wal-Mart from coming, and everything else was a much lesser concern,” Scaglione said.

“Wal-Mart has decided not to come to Plattsmouth. These 14 single-family residential lots are not going to sell. They are just hanging out there a lot closer to Highway 75. The chances of anyone buying one of these lots is remote, so you’re left with vacant lots.”

The trial is scheduled to start Thursday and take up to two days.
Source:

http://www.omaha.com/index.php?u_page=2798&u_sid=10118336