Judge dismisses lawsuit filed by Mayhew Cabin
NEBRASKA CITY – A district judge has dismissed Mayhew Cabin & Historical Village’s lawsuit in Otoe County against Nebraska City.
The lawsuit contends that rainfall on May 27, 2019, resulted in flooding of the cave portion of the property and forced the National Network to Freedom site to close.
Cathleen Van Winkle of the Mayhew Cabin says the historical site had hoped to determine ownership of underground wastewater pipes and hold the city responsible for what she described as an "undersized" drainage system.
Structures for drainage in the area date back to construction of Highway 2 in 1938.
The city responded that it is immune from liability and contended that Mayhew Cabin was negligent for failing to clean and maintain drainage pipes on its property.
In the lawsuit, Mayhew Cabin claimed that the visitor center building and museum has no value, is structurally unsound and must be razed.
Van Winkle said the dismissal of the lawsuit is disheartening. She does not see a way forward unless the drainage issues are resolved.