Neligh nuisance case dismissed due to procedural error

Seven counts of violating Neligh’s city nuisance/junk ordinance, filed by city attorney James McNally against Kipp Polston, 46, of Neligh, were dismissed by the Honorable Donna Taylor after a trial was held at the courthouse in Neligh last Wednesday, July 17.

Junk/nuisance violations were alleged on consecutive days, May 1 through May 7, at his 502 N Street residence.

On July 3, he pleaded not guilty and told the court he was in the process of moving to Iowa and his belongings would all be gone before the scheduled trial.

During trial proceedings last week, an emotional Polston again said he planned to leave the city and his personal items would all soon be moved.

The judge found procedural error by the city. However, she ruled the city may refile and she told Polston he can expect $500 a day fines for each day his property at 502 N Street remains in violation.

“I hope you are a man of your word,” Taylor said. “The city is not going to step back."

Polston is self-represented.