KLEM News AM Update June 1, 2011
Judge Jeffrey Neary Tuesday dismissed Mark and Tobi Ellis' court case filed when their leases for Willow Creek Watering Hole and Plymouth Ice Cream Company were not automatically renewed in 2010.
The City had denied the Ellis' claims the city breached their contract and noted there were performance targets that renewal was subject to. The city filed a motion for summary judgment stating there were no issues of material facts to be decided at a trial.
Judge Neary focused his ruling on whether the automatic renewal part of the contract was enforceable. The judge's ruling stated the contract for a renewal of the lease is not enforceable.
"First, the contract does not contain an essential term, the rent," the judge wrote in his ruling. The judge noted the rent was outlined from May of 2009 to December of 2009, but the contract did not provide rent for any subsequent years when the lease is renewed.
He also wrote in his ruling that the determination that the renewed lease is unenforceable is further emphasized by the nature of the negotiations that would need to take place to require an automatic renewal.
In the final portion of his ruling, Judge Neary wrote, "as the automatic renewal of the lease was an agreement to agree and failed to provide essential terms, it is unenforceable."
The Ellis were ordered to pay the costs of the legal action.
Bumpy ride in downtown Le Mars is being evaluated
(LE MARS)--Brick pavers in a downtown Le Mars crossing are being evaluated.
Some of the brick area of the street on Central Avenue, just east of the intersection with Plymouth Street, has broken up.
City Administrator Scott Langel says paving or re-bricking are street surface options.
Langel says there are plans to deal with the street surface this construction season.
Siouxland community update on flooding planned tonight
(SOUTH SIOUX CITY, Nebraska) - The Dakota County Emergency Management, Dakota County, and South Sioux City will hold a public information meeting on Wednesday, June 1, 2011, at 7:00 p.m. at the South Sioux City High School Mini Dome. According to South Sioux City Assistant City Administrator Joe Johnson, they'll provide information regarding high water flows on the Missouri River and the impact to Dakota County and South Sioux City.
For the latest on the Missouri River situation, click on the aerial image of the Missouri River on the KLEM home page.
Sioux Center celebrates summer
(SIOUX CENTER)--A Community BBQ flavors the opening of the "Summer Celebration" in Sioux Center Thursday through Saturday.
Kara Sneller of the Sioux Center Chamber of Commerce says the music in Central Park Thursday evening features a barbershop quartet.
Sioux Center will also celebrate its 120th year with new events, including wellness.
Details about events are available from the Sioux Center Chamber by calling 712.722.3457
Orange City talent takes center stage June 9
(ORANGE CITY)--Orange City showcases local talent next week during the Onstage Orange City series. "Orange City's Got Talent" is an Orange City Arts Council event June 9th at 7 p-m. The talent is featured during the city's Customer Appreciation Picnic.
Local talent will take the stage after auditions of singing, dancing, juggling, and even dog whispering.
The Windmill Park stage will feature the top talent selected from auditions from Orange City and beyond. The top performers will receive prizes.
Masters of Ceremony for the evening will be Lois Estell and Laird Edman.
May weather extremes in Le Mars
(LE MARS)--A nearly 70-degree difference marked a month of extremes in May weather in Le Mars.
A two-day run of 93 degree readings topped the temperature chart for May on the 9th and 10th.
KLEM News weather records put the cool spot for the month at 26 degrees on May third.
The highest rainfall was recorded May 25th with 2.85 inches. The monthly total was 6.44 inches of rain.
You can follow the daily weather trends by clicking on the weather almanac...just look for the weather button on the KLEM web page www.klem1410.com.
Bentley to perform in Clay County Fair Grandstand
(SPENCER)--Clay County Fair's Grandstand Stage will feature country music's Dierks Bentley and his special guest, Frankie Ballard.
Bentley's five albums have sold more than five million copies, earning 10 Grammy nominations, including seven number one hits.
Ballard's bluesy, rock music style became popular after he won Kenny Chesney's "Next Big Star" regional contest in Michigan.
Bentley and Ballard will perform on September 11th at 7:30 p.m.
The 2011 Clay County Fair is September 10-18th.
Cedar Rapids man enters plea to child sex abuse
CEDAR RAPIDS, Iowa (AP) A Cedar Rapids man accused of sexually abusing an 11-year-old girl in 2009 faces 15 years in prison after entering a plea before his trial began.
The Gazette says 31-year-old Hendrickson Schauf entered an Alford plea to third-degree sexual abuse and lascivious acts with a child on Tuesday in Linn County District Court. Under a plea agreement, a charge of second-degree sexual abuse was dismissed.
Under an Alford plea, Schauf didn't admit guilt but agreed that evidence likely existed for a conviction.
Assistant County Attorney Jason Burns says under the plea deal Schauf will serve consecutive terms for a total of 15 years in prison.
Sentencing will be set later.
Branstad compares Dems to children in budget fight
DES MOINES, Iowa (AP) Gov. Terry Branstad says Lt. Gov. Kim Reynolds will take his place on a planned trade trip to South Korea and China so he can continue bargaining with lawmakers over a new state budget.
In announcing Tuesday that Reynolds will head the trip, the governor's office strongly criticized Democrats and issued a statement comparing them to children who want to overspend.
The statement says that while children may beg for more spending, it's up to ``the mother and father'' to pursue the family's best interest.
Branstad says he has contingency plans in place if no agreement is reached by the end of the budget year on June 30, but he dismissed speculation about a government shutdown.
Iowa donors come to NJ to court NJ Gov. Christie
PRINCETON, N.J. (AP) Gov. Chris Christie is planning to meet with top Iowa Republican campaign contributors who want him to run for president.
Christie is set to meet on Tuesday with energy company executive Bruce Rastetter and a half-dozen other prominent Iowa GOP donors at the governor's mansion in Princeton.
Christie maintains he's not running in 2012. The Iowans want to change his mind because they're unhappy with President Barack Obama.
Christie has already met with several potential contenders including former Massachusetts Gov. Mitt Romney and former Minnesota Gov. Tim Pawlenty.
Mississippi Gov. Haley Barbour also stopped by before he decided he wouldn't run.
Big 12 meets amid much less turmoil
KANSAS CITY, Mo. (AP) A year ago when the Big 12 held its spring meetings in Kansas City, the conference seemed terminally ill. Its very existence was in question.
A trimmed-down Big 12 opened its four-day meeting on Tuesday. The most urgent questions include when to stage the men's and women's basketball tournaments and the status of championships in equestrian and rowing.
Colorado and Nebraska will not be in attendance since they have joined the Pac-10 and Big Ten, respectively.
The most important subject could be discussions about expanding the value of scholarships to include the full cost of attendance. The league will take no formal action.
Big Ten Network changes name
CHICAGO (AP) The Big Ten Network is changing its name to BTN.
Network President Mark Silverman said in a news release Tuesday that the new name and logo are designed to give the network a broader brand.
It plans to products not limited to TV starting later this year.
Silverman says many viewers and news media members already use BTN as an abbreviation.
The news release says TV programming will remain focused on the Big Ten sports and schools.
The network is owned by the Big Ten and Fox Cable Networks.
The conference is making a number of changes with the addition of Nebraska. Last year, it divided football teams into two divisions and called them the Legends and Leaders. Those names were widely criticized by fans.
Actor Michael J. Fox out of Iowa pro-am
DES MOINES, Iowa (AP) A back injury has forced actor Michael J. Fox out of the Principal Charity Classic pro-am golf event in West Des Moines.
Fox was to tee off on Wednesday at Glen Oaks Country Club. He also teed off at the event in 2009.
The Des Moines Register reported Tuesday that Principal spokeswoman Joelle Kirchhoff says Fox has decided against making the trip.
Actor Steven Weber is scheduled to play in the pro-am.
He starred in several television shows during his career, including the hit ``Wings.''
The Principal Charity Classic, a Champions Tour Event, runs from Friday through Sunday at Glen Oaks.
(Copyright 2011 by The Associated Press. All Rights Reserved.)
Submit your news release, photos, confidential news tip or news idea by email klemnews@lemarscomm or by calling 712.546.4121 or 712.546.9672 fax.
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