Village given go ahead to clean up longtime nuisance property

Clearwater village officials have been given the go-ahead from an Antelope County Court to proceed with cleaning up a junk-ridden lot that has long been considered a nuisance.

District court judge James Kube entered the order last Wednesday, allowing the village to cause cleanup of property owned by CW and Amy Schonemann, at 307 Montana Street, and charge Schonemanns for expense incurred. The order came after a tense hearing in the Antelope County district courtroom in Neligh.

CW Schonemann was committed to the Antelope County Jail in Neligh for 30 days for contempt of a district court order and his wife was admonished by the judge for her failure to help clean up the property.

Village attorney Kyle Peterson recommended one-week jail sentences for each, to be alternated so the couple’s minor son would have one parent at home.

Amy Schonemann told Kube that she worked at a local convenience store and was sometimes needed to do “bookwork” when her employer was gone. She told the judge what days she would be available to serve time.

Kube again asked her what she did to help with abating the nuisance. She said she worked, cared for her minor child and picked up sticks.

“Mrs. Schonemann, you should feel fortunate that I am not sentencing you to jail,” the judge said.

Kube said he was sick and tired of dealing with Schonemanns’ violations, as he believed the attorney and village residents were.

“Come on, this is just ridiculous, I can’t believe how little has been done here, Kube said. “You have wasted my time... the sheriff’s time. I’m done.”

The case dates to 2022 when Peterson filed a complaint. Judgement was subsequently entered in 2023 by Kube, at which time the Schonemanns paid $500 reimbursement to the village for legal fees, as well as $137.37 to Peterson for fees incurred in the case. Schonemanns were ordered to abate the nuisance within 31 days. They did not and Peterson filed a motion for contempt in July

2023. A purge plan was entered by Kube in September 2023.

As of January 2024, Shonemann was still indicating he would cooperate with Moore’s offer to assist with abatement and the deadline was extended to July.

However, that cooperation seemed to fall through when Moore and deputy Lyle Juracek visited the property July 8. At that time, Moore, testified he told Schonemann he needed to come up with an abatement plan (a plan for the proposed location/method of disposal of items) in the next week. Moore returned July 15, when he said Schonemann failed to have a “plan.”

“Did you show up with any equipment and ‘wonderful community volunteers?’” Schonemann asked

Moore repeated that he needed a plan for items before he could bring people in to work on the property. He said he repeated village officials offer of resources at no cost to Schonemann.

The sheriff also described current condition of the property to the court and identified junk items in photos he took July 15, including unlicensed vehicles, nonworking mowers, dilapidated trailers piled with junk, tires, a collapsed fence, piles of wood, plastic totes and buckets.

The sheriff indicated the only progress he noted was one truck had been licensed.

Schonemann testified that he assumed when Moore told him items needed to be removed from the property, that was his “plan.”

Serving as his own counsel, Schonemann cursed at the judge and alleged that Moore had lied when he answered Kube’s question about a trailer with a flat tire. Schonemann later admitted there were two trailers, one had a flat tire, the other did not. He alluded to being victimized several times, reading a list of his disabilities, which he tried to present to the judge as he was remanded to Moore’s custody, and asked for a delay so his child could be sent to the car to retrieve C-Pap equipment.

“Give it to the sheriff,” the judge said.

“Are you denying medical treatment?” Schonemann asked.

An un-uniformed officer from another law enforcement agency stepped forward as Kube told Moore, “Take him into custody now!”