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Judge Asked to Toss Lawsuit Against Iowa Agency

lawsuit-settlementOMAHA, Neb. (AP) — The Attorney General’s office has asked a judge to dismiss a wrongful-death lawsuit filed by the estate of an Omaha boy strangled by his mother in 2009.

On Wednesday, the office asked a judge to grant a motion for summary judgment, which would effectively throw out the lawsuit against the state’s health and human services department.

The suit claims the agency failed in acting on repeated warnings from the 12-year-old boy’s mother and other family members about his welfare.

Douglas County judge Mark Ashford took the motion under advisement.

Authorities found Michael Belitz’s decomposed body in a bathtub of water and cat litter. His mother, Angela Manns, admitted to strangling him with a phone cord. She pleaded no contest to second-degree murder of her son.

Hershey Settles with Colorado Edible Pot Company

Colorado-MarijuanaDENVER (AP) — A Colorado marijuana company must recall or destroy its pot-infused edibles that resemble iconic Hershey treats as part of a settlement agreement with the chocolate company.

The Hershey Co. filed a federal trademark infringement lawsuit in June against TinctureBelle LLC and TinctureBelle Marijuanka LLC. The lawsuit alleged that TinctureBelle’s Ganja Joy, Hasheath, Hashees and Dabby Patty too closely resembled Hershey’s Almond Joy, Heath, Reese’s peanut butter cups and York peppermint patty candies, respectively.

The Denver Post reports that a settlement reached in September requires TinctureBelle to stop using those names and Hersey’s brown, yellow and orange coloring for its products.

The company says in court filings that it stopped making edibles that mimic Hershey candy before the lawsuit was filed. Hershey says the edibles’ packaging confused consumers, including children.

Grand Island Delegation Lobbies for Veterans Home

NE-Veterans-HomeGRAND ISLAND, Neb. (AP) — Three members of a local delegation have returned from a lobbying trip to Washington, where they told federal officials the Grand Island Veterans Home should be remodeled instead of giving way to a new home in Kearney.

Mayor Jay Vavricek (vav-RAH’-chehk), Hall County Supervisor Pam Lancaster and veterans service officer Don Shuda (SHOO’-duh) traveled to Washington last week. They handed out booklets with a letter requesting that the federal officials “intercede in behalf of Nebraska veterans and request that the VA Secretary Robert A. McDonald deny funding for the relocation of the Grand Island Veterans Home.”

Gov. Dave Heineman’s announcement that the Grand Island facility would be replaced by the Kearney project drew protests from Grand Island and Hall County.

More Landowners Join Missouri River Flood Lawsuit

missouri-river-floodingOMAHA, Neb. (AP) — The list of landowners suing the federal government over major flooding along the Missouri River since 2006 has grown considerably.

The lawsuit filed against the U.S. Army Corps of Engineers in March was amended Thursday to include 436 plaintiffs. The latest additions to the lawsuit include 38 North Dakota landowners and the Omaha and Winnebago tribes of Nebraska.

The landowners argue that the Corps’ decisions since 2006 have contributed to flooding especially during the extended 2011 flooding that devastated hundreds of thousands of acres of mostly farmland in South Dakota, Nebraska, Iowa, Kansas and Missouri.

The federal government has denied the allegations and says the Corps shouldn’t be blamed.

Landowners say the recurring flooding deprived them of their land, so they should be compensated.

Lincoln-Based Pinnacle Bank Announces Purchase

pinnacle-bankLINCOLN, Neb. (AP) — Pinnacle Bank has announced its agreement to buy Home State Bank in Louisville (LOO’-his-vihl).

The purchase was announced Thursday and is expected to close in January. Financial terms aren’t being disclosed.

Lincoln-based Pinnacle Bank has nearly $8 billion in assets and more than 70 branches in Nebraska and several other states. The one-office Home State Bank has nearly $83 million in assets.

Home State President Dave Pankonin says the sale fits into a succession plan that includes no family successors.

Omaha Man Accused of Fatally Beating Dog

nebhumaneOMAHA, Neb. (AP) — A 32-year-old Omaha man is under arrest, accused of fatally beating a dog.

A news release from the Nebraska Humane Society says Brian Booker was taken into custody on Thursday morning, charged in an arrest warrant with felony animal cruelty.

The agency says a woman who had an argument with Booker on Sept. 28 left her house and her dog in Booker’s care that day. The agency says that when she returned that evening, her dog had died. A necropsy showed the 5-year-old Pomeranian had been bruised and had died from blunt force trauma to its head.

Douglas County Jail records say Booker is in custody. Online court records don’t list the name of his attorney in the case.

Kansas Man Charged in Rape of 100-Year-Old

kasey-nesbitt
Kasey Nesbitt

WICHITA, Kan. (AP) — Wichita authorities have charged a man in the sexual assault and burglary of a 100-year-old woman during a break-in at her home.

Thirty-five-year-old Kasey Nesbitt made his first court appearance Wednesday and was charged with rape and aggravated burglary.

The woman, who lives alone, told police that intruders forced open the door of her home on Sept. 29. She says they were in her home for several hours. Police say forensic evidence linked Nesbitt to the rape.

Nesbitt is being held in the Sedgwick County Jail on $250,000 bond. Online jail records didn’t indicate an attorney.

76-Year-Old Omaha Woman Dies After Assault

John Gomez
John Gomez

OMAHA, Neb. (AP) — Police say an elderly Omaha woman who was found unconscious in her home after an attack has died from her injuries.

Seventy-six-year-old Mary McAndrews died Wednesday from unspecified injuries suffered in the Sept. 18 assault. Omaha police arrested 54-year-old John Gomez in connection to the attack on Oct. 8. He is charged with first-degree assault.

Police say amended charges are pending following the death. They haven’t released other details about the incident.

Gomez is being held on $500,000 bond in the Douglas County Jail. Online jail records didn’t indicate an attorney.

Fire Chief: Norfolk Woman Injured in Fall from Roof

ambulance-lightsNORFOLK, Neb. (AP) — Northeastern Nebraska authorities say a woman has been hospitalized after falling 25 feet off the roof of her home.

Norfolk Fire Chief Scott Cordes said the woman was injured Wednesday while painting the exterior of her home. She was transported to a nearby Salvation Army parking lot where a helicopter was able to land. She was flown to the Mercy Medical Center in Sioux City, Iowa.

The woman’s identity hasn’t been released. It’s unclear what caused the fall or how badly she was injured.

Grant to Provide Rural Nebraska Social Services

unoOMAHA, Neb. (AP) — The University of Nebraska at Omaha has received a $1.3 million federal grant to send graduate students in social work to rural Nebraska areas to help at-risk youth with behavioral health concerns.

The grant — one of the largest received by the school — comes from the U.S. Health Resources & Services Administration.

The Bureau of Labor Statistics shows that Nebraska employs nearly 1,900 social workers with a focus on child, family or school issues and only 420 health and substance abuse social workers. However, a large number are located in Nebraska’s largest metropolitan areas.

UNO associate professor Peter Szto says that has resulted in a critical shortage of behavioral health workers in rural regions.

The grant will provide $10,000 stipends for the graduate students who practice in rural areas.

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