The owner of a warehouse near the Lincoln Airport that once rented space to AltEn agreed to settle a lawsuit alleging the Kansas-based ethanol plant was hundreds of thousands of dollars behind in rent and utilities.
Attorneys representing AltEn, which turned seed coated in pesticide into ethanol, agreed March 3 to pay 3801 Harney LLC a total of $189,907 to settle the suit, according to Lancaster County District Court records.
The warehouse owner leased space in a 168,000-square-foot warehouse at 3700 N.W. 12th St. to AltEn, which agreed to pay $10,893 in monthly rent, as well as $1,556 in insurance, taxes and fees.
But 3801 Harney sued when the now-closed biofuel plant failed to make a payment after it issued AltEn a termination notice in January 2022, and alleged AltEn failed to move its property out of the facility.
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Based in Davey, 3801 Harney sought $225,257 in damages, interest, attorney fees and other costs in a lawsuit filed last May.
Lancaster County District Court Judge Kevin McManaman signed off on the agreement for the lesser amount between the two entities March 9. McManaman also ordered both sides to pay their own costs and attorney fees.
The settlement comes a little more than a month after a U.S. District Court judge froze most of AltEn’s assets, as well as those of several related companies, at the request of several seed companies that formerly supplied the ethanol plant with pesticide-treated seed free of charge.
During a court hearing in early February, attorneys for the so-called AltEn Facility Response Group, which is leading a massive environmental cleanup effort at the site that has cost more than $28 million to date, estimated the ethanol plant had $1.8 million in savings as of October 2022.
U.S. District Court Judge Brian Buescher, who granted the request to freeze AltEn’s assets, allowed the plant to access funds for a handful of activities, including paying its attorneys and legal fees, deeming them “demonstrably necessary expenses.”
AltEn has been the subject to several legal actions, too, including a March 2021 lawsuit from the state of Nebraska alleging multiple violations of state environmental regulations that remains open in Saunders County District Court.
The plant, which operated south of Mead between 2015 to 2021, has also been sued by other vendors for lack of payment and has faced foreclosures from individuals who have purchased its delinquent property tax debt.
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Top Journal Star photos for March 2023
Gene Sorensen (he/they) holds up a transgender pride flag in front of the capitol building during Trans Day of Visibility at the Nebraska State Capitol on Friday, March 31, 2023.
Michigan's Madi Ramey proudly wears a hat that resembles a cooked turkey after defeating Nebraska in a mercy rule win on Friday, March 31, 2023, at Bowlin Stadium.
Theater director Bob Henrichs (right) talks with sophomore Tyler Stover, who plays Lumiere, before a dress rehearsal of "Beauty and the Beast" at Lincoln Southwest High School.
Lincoln East's Grace Peterson (center) celebrates with her teammates after scoring a penalty kick against Lincoln Southwest in the 55th minute Thursday at Seacrest Field.
Christ Lincoln fourth graders Kylie Burger, Allie Borst and Lucy Klappenback (from left) reach through fencing to pet a sheep during the Ag Literacy Festival on Thursday, March 30, 2023, at the Lancaster Event Center in Lincoln.
257 fourth graders from 8 schools in the Lincoln area attended the Agricultural Literacy Festival at the Lancaster Event Center Fairgrounds.Students get an up-close and hands-on experience with several live animals including beef cattle, dairy cattle, sheep, swine and horses. They were taught about agricultural products, how they are produced, and how they are used.
Lincoln Southeast's Nate McCashland loses his footing after being slide tackled by Lincoln High's Tom Goe in the first half on Wednesday, March 29, 2023, at Beechner Field in Lincoln.
Nebraska's Brice Matthews (center) celebrates his three-run homerun as he heads back to the dugout in the seventh inning on Tuesday, March 28, 2023, at Haymarket Park.
Nebraska's head coach Matt Rhule instructs player Luke Lindenmeyer during a football practice Tuesday at Hawks Championship Center.
Hannah Friedman (from left), Grace Choul and Arsenii Khokhuila color in Kristine Fry's preschool class at Arnold Elementary School on Monday.
Nebraska's Mya Felder (right) and head coach Rhonda Revelle (left) smile after Felder hit a home run against Purdue in the third inning at Bowlin Stadium on Sunday, March 26, 2023.
Nebraska's Corbin Hawkins (39) throws a strike against Illinois in the seventh inning at Haymarket Park on Saturday, March 25, 2023.
Opponents of LB371, a bill that would make it a crime for anyone under the age of 19 to attend drag shows, hold up signs in support of transgender rights during a rally at the Nebraska State Capitol on Friday, March 24, 2023.
Kansas' Chandler Prater (25) and Nebraska's Alexis Markowski (bottom center) scramble for the ball as it is picked up by Isabelle Bourne in the first half during a WNIT game Thursday at Allen Fieldhouse in Lawrence, Kan.
Nebraska defensive lineman Nash Hutmacher (72) runs a drill during a March 23 practice at Hawks Championship Center.
Nebraska's Billie Andrews (left) tags out Iowa State's Milaysia Ochoa as she attempts to steal second base in the fifth inning on Wednesday at Bowlin Stadium.
A Bluejay hops along the branch of a pine tree on Tuesday, March 21, 2023, at Holmes Lake. Blustery conditions and overcast skies made for a drowsy Tuesday in Lincoln. Days ahead will see much of the same, with a chance of rain dotted throughout the week.
Roman Asaro eats beer-soaked cereal during the annual Lucky Charms eating contest at Mckinney's Irish Pub as part of St. Patrick's Day celebrations on Friday, March 17, 2023.
Delaney Gove of Ogallala, 13, (center) hides her face in embarrassment after family and friends, including Sgt. 1st Class Thomas Shirey (center right) and Capt. Rachell Rowley (right), singing her a birthday song during a send-off ceremony for Army National Guard's 1-134th Cavalry, Friday, March 17, 2023, at Atlas Readiness Center in Yutan. Shirey is one of the 13 Nebraska Army National Guard soldiers being deployed to Europe in the coming days.
A car fire at 620 S 17th St. blazes on through a snow storm as Lincoln Fire and Rescue circle the vehicle to assess the best way to put out the flames on Thursday, March 16, 2023.
Pius X senior and North Texas soccer commit Bree Korta poses for a portrait using multiple exposures to highlight one journey of her life at Pius with the "bolt" hand symbol to the start of her next journey at North Texas with the "eagle claw", taken at Pius X on Wednesday, March 15, 2023.
Piper Hayes, (pink) leads dancers through a short course called 'Time for Heelz,' as part of the American College Dance Association North-Central Conference on Tuesday at UNL's Temple Building. More than 330 people from 22 universities registered to attend the conference hosted by UNL. The conference included classes, feedback, presentations and meetings, along with the four adjudication concerts. The American College Dance Association supports dance in higher education through regional conferences like the one hosted by UNL.
Young Freeman fans cheer on their team during the Class C-2 state championship on Saturday, March 11, 2023, at Pinnacle Bank Arena.
Bellevue West celebrates their 64-41 win over Millard North's at the ceneter of the court following the Class A state championship on Saturday, March 11, 2023, at Pinnacle Bank Arena.
Freeman head coach Jim McLaughlin hugs Carter Ruse as he exits the floor just before the end of the game against Amherst during the Class C-2 state championship on Saturday, March 11, 2023, at Pinnacle Bank Arena.
Omaha Skutt Catholic celebrates and holds up ones with their fingers after defeating Platteview in the Class B state tournament championship game on Saturday, March 11, 2023, at Pinnacle Bank Arena.
Ashland-Greenwood head coach Jacob Mohs (right) smiles after leading the Bluejays to back-to-back state titles as Ty Carey (left) smiles after defeating Auburn in a Class C-1 state tournament championship game on Saturday, March 11, 2023, at Pinnacle Bank Arena.
Ashland-Greenwood's Cougar Konzem (right) blocks a shot from Auburn's Skyler Roybal during a Class C-1 state tournament championship game on Saturday, March 11, 2023, at Pinnacle Bank Arena.
SEM's Colt Schroeder (right) attempts to score three-points over Wynot's Dylan Heine (first right) in the second half during a Class D-2 state semifinal tournament game Friday, March 10, 2023, at the Devaney Sports Center.
Omaha Skutt's Jack Healey celebrates after making a game-ending block against Crete in the final seconds of the game, during a Class B state semifinal tournament game, Friday, March 10, 2023, at Pinnacle Bank Arena.
Ashland-Greenwood's Cougar Konzem (24) reacts after an and-one call against Ogallala during a Class C-1 state tournament semifinal game on Thursday, March 9, 2023, at Pinnacle Bank Arena.
Thomas James adjust the Native American regalia of his grandson, Bird James, in the hallway before players take the court during a Class D-2 state tournament game Thursday, March 9, 2023, at the Devaney Sports Center
Crete's Benjamin Ehlers (center) dives into the crowd after defeating Elkhorn during a Class B state tournament game Thursday, March 9, 2023, at Pinnacle Bank Arena.
Paraeducator Neldy Fernandez (left) helps kindergarten student Roselie Horton pick a crayon color at Elliott Elementary School on Thursday. Fernandez also works with many other students as part of a program through Lincoln Literacy, including those with special needs.
Using an in camera double exposure, A cheerleader's pom-pom is used to frame Millard North's Neal Mosser as he blocks a layup attempt by Elkhorn South's Evan Werner in the first half during a Class A state tournament game Wednesday, March 8, 2023, at Pinnacle Bank Arena
Omaha Westside's Joshua Evans (10) and Rickey Loftin (1) holds up "W"s after defeating Lincoln East in a Class A state tournament first-round game on Wednesday, March 8, 2023, at Pinnacle Bank Arena.
Bellevue West's Josiah Dotzler (22) lets out a scream after scoring a basket against Lincoln North Star during a Class A state tournament first-round game on Wednesday, March 8, 2023, at Pinnacle Bank Arena.
Millard South's Khloe Lemon (left) embraces Mya Babbitt (center) after defeating Lincoln High during the Class A state girls basketball tournament championship game at Pinnacle Bank Arena.
Pender's Maya Dolliver (center) hugs Madalyn Dolliver as their team celebrates their win over Oakland-Craig in the the Class C-2 state girls basketball tournament championship game at Pinnacle Bank Arena.
Oakland-Craig player huddle up for a pregame prayer before taking on Pender in the Class C-2 state girls basketball tournament championship game at Pinnacle Bank Arena.
Elkhorn North celebrates after defeating Omaha Skutt in the Class B girls championship game Saturday at Pinnacle Bank Arena.
North Bend Central's Kaitlyn Emanuel (23) and McKrae Muller (40) celebrate after defeating Adams Central in the Class C-1 girls state championship Saturday at Pinnacle Bank Arena.
Hastings St. Cecilia teammates embrace after losing to Centura in the Class D-1 girls state championship Saturday at Pinnacle Bank Arena.
Lincoln High's Briauna Robinson (center) celebrates with the Links' student section after defeating Millard North in a Class A girls state tournament semifinal Friday at Pinnacle Bank Arena.
Elkhorn North's Sydney Stodden (left) and Mallory Hansen celebrate the win against York during a Class B girls state tournament semifinal game on Friday at Pinnacle Bank Arena.
Centura (left) greets Cedar Catholic before a Class D-1 girls state tournament semifinal Friday at the Devaney Sports Center.
Adams Central's Gracie Weichman (far right) embraces teammate Megyn Scott as the overtime draws to a close to win a Class C-1 girls state tournament semifinal game Friday at Pinnacle Bank Arena.
the Sidney bench jumps for joy after defeating Beatrice during a Class B state girls basketball tournament first-round game on Thursday, March 2, 2023, at Pinnacle Bank Arena.
Omaha Skutt's Molly Ladwig scores a layup over Waverly defenders in the first half during a Class B state girls basketball tournament first-round game at Pinnacle Bank Arena.
Elkhorn North's Britt Prince (2) walks onto court before facing Norris in a Class B girls state tournament first-round game Thursday at Pinnacle Bank Arena.
Millard West's Maddie Wallor hits Lincoln High's Briauna Robinson in the face while she scores a basket during a Class A girls state basketball tournament first-round game Wednesday at Pinnacle Bank Arena
Millard North's Avril Smith (right) and Kayla Preston (back) fight for a rebound against Lincoln North Star's Aleviah Anderson (left) during a Class A girls state tournament first-round game Wednesday at Pinnacle Bank Arena.
Lincoln Southwest head coach Tim Barada hugs Brinly Christensen as the final seconds of the fourth quarter come to a close in the Hawks' loss to Millard South in a Class A girls state basketball tournament first-round game Wednesday at Pinnacle Bank Arena.
A bank employee was taken by ambulance to a local hospital after a woman drove her car through a window of LincOne Federal Credit Union near 48th and Vine streets on Wednesday.
Malcolm celebrates after defeating Wahoo in a Class C-1 girls state basketball tournament first-round game Wednesday at the Devaney Sports Center.
Christ Lincoln Schools fourth grader Hudson Parr (right) rides the metal pig statue named Petunia as Gov. Jim Pillen watches on Wednesday.
Reach the writer at 402-473-7120 or cdunker@journalstar.com.
On Twitter @ChrisDunkerLJS
Chris Dunker
Higher education/statehouse reporter
A native of Beatrice, Chris Dunker has reported on higher education, state government and other issues since joining the Journal Star in 2014.
