Kearney, Town of

The Ombudsman reviewed a closed meeting held by council for the Town of Kearney that relied on the litigation or potential litigation exception to discuss a rezoning application. As with any rezoning matter, there is the possibility that council’s decision would be appealed. However, the possibility of appeal is not sufficient to bring a matter within the realm of potential litigation. The Ombudsman found that council lacked the degree of certainty necessary to make the potential for litigation a reasonable prospect. Therefore, the matter did not fit within the litigation or potential litigation exception.

The Ombudsman reviewed a closed meeting held by council for the Town of Kearney that relied on the litigation or potential litigation exception to discuss a lawyer’s letter that threatened litigation over road closures. The Ombudsman found that there was a real possibility that litigation over the road closures might occur. Therefore, the discussion fit within the litigation or potential litigation exception.