407 N 117 Street, LLC v. Harper

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407 N 117 Street, LLC v. Harper

Case Number
Call Date
April 25, 2023
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-22-0610 407 N 117 Street, LLC (Appellant) v. Marc Harper et al. (Appellee) 

Appeal from the District Court for Douglas County, Judge J. Russell Derr

Attorneys: Jason M. Bruno and Thomas G. Schumacher (Sherrets Bruno & Vogt LLC for Appellant) and Gabreal M. Belcastro and John M. Lingelbach (Koley Jessen P.C., L.L.O. for Appellees Marc Harper and Art McGill)

Civil: Business Associations and Piercing the Corporate Veil

Proceedings below: Appellant filed a complaint against Appellee seeking to pierce the corporate veil of Planet Group, Inc. to collect a judgment previously entered against Appellees. Appellees filed a Motion for Summary Judgment, which the trial court sustained.  On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.

Issue: Appellant makes the following assignments of error:  1) The district court erred in granting Harper and McGill’s Motion for Summary Judgment:  A) Nebraska Law permits the corporate veil to be pierced against non-shareholders who exert control over a corporation; 2) The district court failed to analyze Harper and McGill’s control over Planet Group and its majority shareholder, West Partners:  A) Harper and McGill’s control over Planet Group and West Partners is interrelated; B) Harper and McGill have actively refused to pay the judgment to landlord; C) Planet Group forecasted and reported no revenues when the lease option was exercised; and D) Planet Group, West Partners, and the subsidiary companies all serve as alter egos of Harper and McGill.

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