• Tue. Jun 6th, 2023

Corn Palace Stampede seeks measure to halt Horsemen’s Sports activities from holding potential Mitchell substitute rodeo – Mitchell Republic


May 26, 2023

MITCHELL — The post-verdict battle between Corn Palace Stampede and landlord Horsemen’s Sports activities Inc., is continuous with CPS alleging that HSI is attempting to carry a July rodeo on the identical dates that CPS deliberate to take action till it canceled earlier this month.

On Could 18, CPS submitted a courtroom submitting asking for an injunction in opposition to HSI to bar the owner from holding a rodeo or “every other competitors or spectator occasions or in any means interfering with (CPS) property awarded by the jury for a interval of 150 days.”

It additionally asks that HSI be barred from utilizing the names or advertising occasions because the “Corn Palace Stampede,” Corn Palace Stampede Rodeo,” “Corn Palace Rodeo,” “Stampede Rodeo” or “Mitchell Rodeo,” or every other identify that may counsel it’s affiliated with Corn Palace Stampede or every other rodeo-type occasion historically held in Mitchell. The injunction request additionally seeks to bar HSI from soliciting sponsorship from any rodeo occasions from CPS sponsors.

In an affidavit, CPS Board President Jim Miskimins stated, “HSI is making an attempt to carry itself out because the Corn Palace Stampede Rodeo, and to make use of CPS’ property to carry a rodeo in lieu of the rodeo they triggered CPS to cancel.”

“These negotiations failed resulting from HSI’s grossly unreasonable phrases,” he wrote. “CPS has explored different choices for holding the 2023 rodeo, however none are tenable given the time constraints and the logistical challenges with transferring our bleachers and different property from HSI’s rodeo grounds. The fee to hire supplies and gear essential to carry the rodeo at one other location is estimated to exceed $100,000.”

In one other affidavit, Jimmie Nicolaus, who has been a CPS member for greater than 30 years, wrote that he was contacted by a good friend who stated his son was contacted about being the rodeo announcer for an occasion on the third weekend in July. Nicolaus stated the identical good friend was contacted about judging a Mitchell rodeo, as properly.

“I’m involved that, given HSI’s historical past of damaging CPS’ property, that the objects the jury awarded CPS can be broken by HSI if it holds a rodeo,” Nicolaus wrote.

The subsequent listening to within the case is scheduled for June 9.

Earlier within the month, CPS requested for an injunction of 150 days to permit it to take away its property from the Horsemen’s grounds. In response to the second injunction request, HSI legal professional Tim Whalen known as it “extra specious than the primary,” and known as the 150-day transfer request a “ransom maneuver.”

“The conduct (CPS) seeks to ban on the a part of HSI has by no means been plead or litigated the least bit and is totally new,” he wrote. “Furthermore, the actions (CPS) seeks to ban as to HSI have by no means been threatened, talked about or in any other case asserted by HSI. The motion to be restrained by an injunction can’t be speculative or imagined.”

Whalen argued the ball is in CPS’ courtroom as soon as once more, particularly for the reason that lease between the 2 is terminated in courtroom and CPS has been awarded financial damages and obtained its share of property on the grounds.

“The events are actually in a position to go their separate methods. (CPS), nevertheless, continues to hunt to tie itself to HSI. If (CPS) doesn’t need HSI to make use of its property, the answer is easy — take away the property from HSI’s land,” he wrote.

Whalen additionally argued that HSI already had the power to make use of the property for its rodeo occasions and the earlier lease didn’t give CPS unique use or management over the property, and that the courtroom can’t create new rights for CPS that may additional prohibit HSI’s use of the property.

“The concept that (CPS) can prohibit using names related to the town of Mitchell, the well-known Corn Palace or the time period ‘rodeo’ in any regard is exceptionally boastful and utterly unsupported by any information herein or the legislation. … Furthermore, there aren’t any non-compete or non-use agreements between the events to this motion. … “HSI nonetheless has the correct beneath the legislation to make use of its property because it sees match.”

Whalen additionally charged that CPS can’t bar HSI from reaching enterprise agreements with CPS’ previous sponsors for a similar lack of non-compete agreements in place.

“The Plaintiff’s audacity on this regard is unbelievable,” he wrote. “The Plaintiff has no relationship with any enterprise or entity which is unique.

In courtroom in April, HSI President Brandon Neuegauer testified that HSI was fascinated by holding extra rodeo occasions on the grounds sooner or later and has been approached by youth, highschool and the South Dakota Rodeo Affiliation circuits, together with a bull-riding particular occasion. He stated HSI could be utilizing the whole facility in these circumstances.

Within the April case, a jury dominated that CPS can take main components of the rodeo grounds with them to a brand new facility, plus award $100,000 to CPS in damages after ruling HSI breached the contract with CPS. The lawsuit was spurred in 2020 when HSI members moved fencing and tore out CPS-built VIP platforms as a part of the sector growth. CPS then accused HSI of breaching the lease settlement and argued the enhancements it paid for had been private property and could possibly be moved to a brand new location close to the Mitchell Regional Airport.

CPS introduced on Could 8 that it was canceling the rodeo, however will nonetheless have the normal Saturday morning parade and the Sunday youngsters enjoyable day and chili cook-off on the new location close to the airport on the weekend of July 15-16.

The Horsemen’s Sports activities Area, situated on State Freeway 37 close to Lake Mitchell, is the one web site the Corn Palace Stampede Rodeo has ever been situated, courting again to 1971. Because the begin of the dispute, Corn Palace Stampede has created one other group the Mitchell Rodeo Basis and agreed to a lease in 2021 to make use of 20 acres of land close to the airport for future rodeos.

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