Nuisance, unsafe building violation cases heard in county court

Three defendants, charged with Neligh city and Oakdale village ordinance violations had their day in county court last week.

Appearing in front of the Honorable Donna Taylor at the courthouse in Neligh on Dec. 6, Linda Mack of Elgin appeared for sentencing and an abatement order on an offense of maintaining a dangerous building on the west half of lots 10, 11 and 12, Block 197, in Neligh.

Prosecutor, Neligh city attorney James McNally, indicated Mack had recently contacted the Neligh Volunteer Fire Department about burning the house as a training event. He suggested a minimal fine with no abatement order. If the property isn’t cleaned up by spring, he will refile charges.

Mack said she had continued to work on the property and verified she had contacted an official with the fire department and had recently received a list of requirements she needs to complete before the department will consider the burn.

She was fined $10 and ordered to pay $50 costs of prosecution.

Kipp V. Polston of Neligh appeared for arraignment on a charge he violated Neligh’s nuisance ordinance, on his property at 402 N Street. If convicted, Polston faces up to a $500 fine along with abatement of the nuisance.

Polston testified that, as of three days prior to the hearing, the property had been “all cleaned up,” but he had been evicted from units at a local storage facility. He said he had rented units at another facility and the items were all on a trailer hooked to his pickup on the property but the truck wouldn’t start. He also claimed a blood clot in his leg hampered his effort.

“The stuff will be gone as soon as I can walk without straining,” he said, seeming to be reluctant to enter a plea.

Taylor entered a not guilty plea on Polston’s behalf.

“Mr. McNally, the citation is very vague,” Taylor said. “Is he (Polston) on the right track – that it’s what he says?”

She set a trial date of Jan. 3 but Polston asked for a later date, saying he was set to begin a new job “around the holidays.” Taylor delayed the trial to Jan 17, and told Polston to contact McNally if the nuisance is abated before then.

Shane Sleister of Oakdale appeared on an Oakdale nuisance violation, alleged in February. Special village assistant attorney, Joe Smith, had offered a deal after some abatement work was completed. Smith agreed to dismiss the charge after Sleister paid $50 court costs. The costs had not been paid. Sleister told the judge he couldn’t work due to having arm surgery.

Taylor set the case for trial Jan. 3, telling Sleister the trial could be cancelled if he paid the costs and if “Mr. Smith is still willing to dismiss.”

Smith dismissed a littering charge for another defendant, Melissa Murberger of Neligh, and waived costs.