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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Trial is legal surgery, the narrowest specialty, and it requires unique skills. Our clients want our service and hope they never need it again- like surgery.

Wal-Mart Fails Zoning Step in Plattsmouth.

The Plattsmouth, Nebraska, Planning Commission voted unanimously to reject a rezoning application designed to accommodate construction of a Wal-Mart box store in that community. The advisory decision of the Planning Commission will accompany the application to the Plattsmouth City Council in September.

The Planning Commission's vote followed a public forum in Plattsmouth at which Nebraska State Senator Doug Cunningham presented facts, statistics, and matters of concern about Wal-Mart and its impact on communities.

David Domina of Domina Law Group pc llo attended the meeting at the invitation of some of the property owners. Domina was called upon to comment during the meeting. Domina was asked if City Councilmen and Planning Commission members are free to vote their conscience on the Wal-Mart application or must be governed by narrow rules of law that keep them from voting as they believe is best for the community. Domina responded by saying, "Voting is an act of conscience. Of course, a City Councilman, County Commissioner, Planning Commission member, School Board member, or State Senator can, and should, always vote his or her conscience. No different or lesser position should ever be taken."

Domina noted that there is no legal remedy against a duly elected or appointed public official who casts a vote as a matter of conscience and good faith.

August 22, 2005
David A. Domina

Domina Law Group pc llo is a firm of trial lawyers. We specialize in complex litigation on a national basis. Our lawyers are ethical, aggressive, and committed to providing spirit and vitality to the judicial system and our client’s legal rights.

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