S-14-0899 In re Matter of Fecht v. Pierce Elevator, Inc.
Nebraska Public Service Commission
Attorneys: Rocky Weber, Andrew Pease, Crosby Guenzel LLP (Appellant Matthew Christensen, Claimant) --- Richard Garden, Austin McKillip, Gregory Frayser, Cline Williams Wright Johnson & Oldfather, LLP (Appellee/Cross-Appellants/Claimants)--- L. Jay Bartel (Attorney General's Office for John A. Fecht, Director, Warehouse Department of the Public Service Commission)
Civil: administrative appeal; distribution of proceeds under the Grain Warehouse Act
Proceedings below: The Nebraska Public Service Commission denied all parties' claims.
Issues: The PSC erred in (1) finding Appellant is not an owner, depositor, or storer of grain held by Pierce Elevator, Inc. on the date of its closure and thus denying his claim; (2) finding the Delayed Price Contract #9133 to be an enforceable contract for the sale of grain under 2-305 of the UCC; (3) failing to find Appellant was fraudulently induced by the elevator into executing the Delayed Price Contract #9133 thus rendering the contract void; (4) finding Appellant's claim of fraudulent inducement as grounds for voiding the Delayed Price Contract #9133 must be adjudicated outside the scope of the current proceedings.
Cross-Appeal of Claimant TTK: 1. The Public Service Commission erred in classifying TTK's claim as a dealer claim rather than a qualified check holder claim. 2. The Public Service Commission erred in denying TTK's claim in its entirety. 3. The Public Service Commission erred in granting Dave Uecker an Approved Dealer Claim in the amount of $600,000.
Cross-Appeal of Claimant Donnelly Trust: 1. The Public Service Commission erred in classifying the portion of the Trust's claim related to the amount of the Checks attributable to grain sold from open storage as a dealer claim rather than a qualified check holder claim. 2. The Public Service Commission erred in denying the portion of the Trust's claim related to the amount of the Checks attributable to grain sold from open storage in its entirety. 3. The Public Service Commission erred in granting Dave Uecker Approved Dealer Claim in the amount of $600,000.
Cross-Appeal of Claimant Curtis Raabe: 1. The Public Service Commission erred in denying Raabe's claim. 2. The Public Service commission erred in classifying Raabe's claim as a dealer claim rather than a qualified check holder claim. 3. The Public service commission erred in granting Dave Uecker an Approved Dealer Claim in the amount of $600,000.
Cross-Appeal of Claimant Daniel Gansebom: 1. The Public Service Commission erred in classifying Gansebom's claim as a dealer claim. 2. The Public Service Commission erred in refusing to classify Gansebom as a storer of grain with regard to the 84,442.33 bushels of corn which were delivered as a result of PEI's fraud. 3. The Public Service Commission erred in denying Gansebom's claim in its entirety. 4. The Public Service Commission erred in granting Dave Uecker's Approved Dealer Claim in the amount of $600,000.
Cross-Appeal of Claimants James and Diane Herian: 1. The PSC erred in denying the Herians' warehouse claim. 2. The PSC erred in tailing to find that the Herians were owners of 27,742.05 bushels of corn in open storage at PEI's warehouse at the time of PEI's closure. 3. The PSC erred in classifying the Herians' claim as a dealer claim rather than a warehouse claim. 4. The PSC erred in failing to recognize the constructive trust upon 27,742.05 bushels of corn in open storage at PEI's warehouse by reason of PEI's fraudulent conduct.