• Fri. Jun 2nd, 2023

Corn Palace Stampede seeks measure to halt Horsemen’s Sports from holding feasible Mitchell replacement rodeo – Mitchell Republic


May 26, 2023

MITCHELL — The post-verdict battle among Corn Palace Stampede and landlord Horsemen’s Sports Inc., is continuing with CPS alleging that HSI is attempting to hold a July rodeo on the exact same dates that CPS planned to do so till it canceled earlier this month.

On Could 18, CPS submitted a court filing asking for an injunction against HSI to bar the landlord from holding a rodeo or “any other competitors or spectator events or in any way interfering with (CPS) home awarded by the jury for a period of 150 days.”

It also asks that HSI be barred from employing the names or advertising events as the “Corn Palace Stampede,” Corn Palace Stampede Rodeo,” “Corn Palace Rodeo,” “Stampede Rodeo” or “Mitchell Rodeo,” or any other name that would recommend it is affiliated with Corn Palace Stampede or any other rodeo-sort occasion traditionally held in Mitchell. The injunction request also seeks to bar HSI from soliciting sponsorship from any rodeo events from CPS sponsors.

In an affidavit, CPS Board President Jim Miskimins mentioned, “HSI is attempting to hold itself out as the Corn Palace Stampede Rodeo, and to use CPS’ home to hold a rodeo in lieu of the rodeo they brought on CPS to cancel.”

“Those negotiations failed due to HSI’s grossly unreasonable terms,” he wrote. “CPS has explored other alternatives for holding the 2023 rodeo, but none are tenable provided the time constraints and the logistical challenges with moving our bleachers and other home from HSI’s rodeo grounds. The price to rent components and gear essential to hold the rodeo at one more place is estimated to exceed $one hundred,000.”

In one more affidavit, Jimmie Nicolaus, who has been a CPS member for additional than 30 years, wrote that he was contacted by a pal who mentioned his son was contacted about becoming the rodeo announcer for an occasion on the third weekend in July. Nicolaus mentioned the exact same pal was contacted about judging a Mitchell rodeo, as nicely.

“I am concerned that, provided HSI’s history of damaging CPS’ home, that the products the jury awarded CPS will be broken by HSI if it holds a rodeo,” Nicolaus wrote.

The subsequent hearing in the case is scheduled for June 9.

Earlier in the month, CPS asked for an injunction of 150 days to enable it to take away its home from the Horsemen’s grounds. In response to the second injunction request, HSI lawyer Tim Whalen named it “more specious than the 1st,” and named the 150-day move request a “ransom maneuver.”

“The conduct (CPS) seeks to prohibit on the element of HSI has under no circumstances been plead or litigated in any respect and is absolutely new,” he wrote. “Moreover, the actions (CPS) seeks to prohibit as to HSI have under no circumstances been threatened, talked about or otherwise asserted by HSI. The action to be restrained by an injunction can not be speculative or imagined.”

Whalen argued the ball is in CPS’ court as soon as once more, particularly considering the fact that the lease among the two is terminated in court and CPS has been awarded monetary damages and received its share of home on the grounds.

“The parties are now in a position to go their separate approaches. (CPS), nonetheless, continues to seek to tie itself to HSI. If (CPS) does not want HSI to use its home, the option is straightforward — take away the home from HSI’s land,” he wrote.

Whalen also argued that HSI currently had the capacity to use the home for its rodeo events and the preceding lease didn’t give CPS exclusive use or handle more than the home, and that the court cannot build new rights for CPS that would additional restrict HSI’s use of the home.

“The notion that (CPS) can restrict the use of names related with the city of Mitchell, the nicely-recognized Corn Palace or the term ‘rodeo’ in any regard is exceptionally arrogant and absolutely unsupported by any information herein or the law. … Furthermore, there are no non-compete or non-use agreements among the parties to this action. … “HSI nevertheless has the appropriate beneath the law to use its home as it sees match.”

Whalen also charged that CPS cannot bar HSI from reaching small business agreements with CPS’ previous sponsors for the exact same lack of non-compete agreements in location.

“The Plaintiff’s audacity in this regard is unbelievable,” he wrote. “The Plaintiff has no connection with any small business or entity which is exclusive.

In court in April, HSI President Brandon Neuegauer testified that HSI was interested in holding additional rodeo events on the grounds in the future and has been approached by youth, higher college and the South Dakota Rodeo Association circuits, along with a bull-riding precise occasion. He mentioned HSI would be employing the whole facility in these circumstances.

In the April case, a jury ruled that CPS can take important components of the rodeo grounds with them to a new facility, plus award $one hundred,000 to CPS in damages just after ruling HSI breached the contract with CPS. The lawsuit was spurred in 2020 when HSI members moved fencing and tore out CPS-constructed VIP platforms as element of the arena expansion. CPS then accused HSI of breaching the lease agreement and argued the improvements it paid for have been individual home and could be moved to a new place close to the Mitchell Regional Airport.

CPS announced on Could eight that it was canceling the rodeo, but will nevertheless have the conventional Saturday morning parade and the Sunday children entertaining day and chili cook-off at the new place close to the airport on the weekend of July 15-16.

The Horsemen’s Sports Arena, situated on State Highway 37 close to Lake Mitchell, is the only web site the Corn Palace Stampede Rodeo has ever been situated, dating back to 1971. Considering the fact that the commence of the dispute, Corn Palace Stampede has produced one more organization the Mitchell Rodeo Foundation and agreed to a lease in 2021 to use 20 acres of land close to the airport for future rodeos.