OMAHA, Neb. (WOWT) – The lawsuit against PACE over a South Omaha building sale has been dismissed.
PACE Omaha is selling the Corrigan Multipurpose Senior Center, gifted to the youth sports nonprofit organization for $1 less than two years ago, for half a million dollars. The Corrigan Neighborhood Association and seniors who attend the center took the organization to court last month in an effort to stop PACE from selling the community senior center to LM&F investments.
But in her decision filed late Tuesday, Douglas District Court Judge Tressa M. Alioth said that the neighborhood association and others filing the suit have no standing in the matter. It was understood between the parties that the senior programming would continue with the transfer of the property, but that agreement wasn’t on the deed — something that PACE’s attorney highlighted in court.
“(They) are neither parties to the purchase agreement between PACE and LM&F Investments nor hold any right or title under the warranty deed to the property,” the decision states, adding that the deed didn’t including any limitations or restrictions regarding any future use or sale of the property.
Judge Alioth also stated in the order that the lawsuit wasn’t arguing that the sale wasn’t allowed under the Nebraska Nonprofit Corporation Act; and that it offered no sort of relief claims.
Last month, the judge questioned the neighborhood association and the seniors’ standing to stop a sale, saying she was interested in hearing from the group that was involved in the transfer of this property to Omaha’s Police Athletics for Community Engagement organization, known as PACE. She denied the association’s motion for an injunction to stop the sale at that time — but also did not outright dismiss the lawsuit, as PACE and the buyer hoped. Corrigan Heritage Inc. then joined the lawsuit; the organization had been inactive but recently reactivated its nonprofit status to join this lawsuit.
Judge Alioth dismissed the lawsuit with prejudice, meaning the matter cannot be brought before the court again. She also did not award attorney fees to PACE in the order.
Read the court order
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