Category Archives: Legal

Despite verbiage in legal filing, Community Bank of Wichita is not selling

WICHITA — Steve Carr knew before he even looked at the paper this morning that he’d have some questions to answer.

There’s a legal notice in today’s paper that makes it appear that theater owner Bill Warren and lawyers Mark and Andrew Hutton are buying Community State Bancshares, parent company of Community Bank of Wichita, but that’s not the case.

“Nothing’s really changing,” says Carr, chairman and president. “The bank isn’t being sold.”

The bank is buying back stock from some stockholders, one of whom died and one of whom got divorced, and was forced to do a public notice about it.

“It’s a totally regulatory deal,” Carr says.

It’s one that he didn’t expect, either.

“We said, ‘Really? Seriously?’” upon learning there would have to be a notice.

The legal filing says Luxury Development Partners intends to apply for permission to get control of the bank, “and, thus, to become a bank holding company.”

Warren and the Huttons are owners of Luxury Development.

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LewJene Schneider files appeal on theft and criminal damages conviction

WICHITA — Watercress developer and lawyer LewJene Schneider has filed an appeal of her conviction last month in Maize Municipal Court on theft and criminal damage charges.

The charges stemmed from a long-running dispute that Schneider has with Fiddler’s Cove developer Bob Scott over real estate signs.

“She has requested a jury trial,” says lawyer Jess Hoeme, who is representing Schneider along with Steve Joseph.

A trial is scheduled for Oct. 9.

Property owners file lawsuit against Casey Bachrodt claiming mismanagement and breach of fiduciary responsibility

WICHITA — Various entities, all partially owned by Summit Holdings LLC, have filed a lawsuit in Sedgwick County District Court against developer Casey Bachrodt.

Summit’s five shareholders also own Key Construction.

The suit claims Bachrodt mismanaged six properties in which he also was an owner.

“We feel like he didn’t fulfill his fiduciary responsibility,” says John Walker, Summit administrator and member.

Bachrodt didn’t return calls for comment.

The relationship between Bachrodt and Summit goes back at least a decade.

Starting in October, Summit began removing Bachrodt from managing its properties, including two strip centers in Andover, one in Emporia, one in Texas and two office buildings on and near Rock Road in Wichita.

Walker says Bachrodt didn’t market the properties properly or do a good job keeping tenants or being responsive to them.

“It’s been an ongoing problem, and we weren’t able to control it and get all the details we needed until we took (the properties) over,” Walker says.

Builders Inc. now manages the properties, which Walker says “has been a very good move for us.”

 

 

Watercress developer LewJene Schneider convicted of theft and criminal damage

WICHITA — Watercress developer and lawyer LewJene Schneider was convicted of theft and criminal damage in Maize Municipal Court on Wednesday.

The charges stem from a long-running dispute that Schneider has with Fiddler’s Cove developer Bob Scott over real estate signs.

In February, Scott told Have You Heard? that he placed directional signs on city property by the Watercress development near 37th and Maize Road in order to help people find Fiddler’s Cove, which is accessible only through Watercress.

Scott says he complained to police when the signs began disappearing and eventually started calling daily to complain. Finally, he says, police used a surveillance camera in September to figure out that Schneider took the signs.

Lawyer Jess Hoeme, who is representing Schneider along with Steve Joseph, says his client contacted the city of Maize several times regarding the signs, which he says Scott placed illegally.

“No one from the city of Maize ever removed them,” Hoeme says.

“Bob Scott, the victim, admitted that he did not have permission to put those signs on Watercress property, nor did he have permission to put them on city property,” Hoeme says. “He just did it.”

Scott says it was “common practice” for people to put up signs without permission.

“Doesn’t make it right, but everyone was doing it – primarily LewJene,” he says.

Hoeme says the judge didn’t rule on whether Scott placed the signs legally or not. He only ruled on Schneider removing them.

“The judge doesn’t believe that even if those signs were unlawfully placed on her property that she had the right to remove them,” Hoeme says.

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You don’t say

“Usually after the first couple of songs, it’s incumbent upon someone to yell out, ‘Keep your day job.’”

Dan Monnat on the Crime Doctors, a band made up of criminal defense attorneys, who are reuniting Thursday at Loft 150 for a Leukemia & Lymphoma Society benefit

Reeg Lawyers opens Wichita office

WICHITA — St. Louis-based Reeg Lawyers has expanded to Wichita.

“It just seemed to us that there’s a lot of opportunity out there,” Kurt Reeg says.

“I do a lot of work with farm and ag groups and trade associations,” he says. “I was just getting feedback from some of our clients that they thought there was a need for some more experienced legal talent out there that knew the ag industry.”

Reeg has practiced law for 32 years. His firm, which includes seven lawyers, is not quite nine years old.

Initially there will be two lawyers in the firm’s 2,900-square-foot Wichita office at River Park Place, which is at 727 N. Waco.

The practice will include agriculture and farm law, environmental law and alternative dispute resolution among other things.

Reeg, who opened the office Monday, also opened a third one in Center, Mo. He’s been looking to expand for a while.

“I only want to do that when it makes sense.”

He decided that offering his services to Wichitans makes sense because “they wanted more help, and we had help to offer.”

 

Cummings & Cummings law firm to once again have two Cummings attorneys

WICHITA — Cummings & Cummings is once again going to have a Cummings and a Cummings.

Bill and Nika Cummings started the law firm, which is at 129 E. Second St., in 1998. Nika Cummings left more than four years ago to work as a public defender. Now, she’s returning.

“She’s had really great success as a public defender,” Bill Cummings says of his wife.

She first worked for the Sedgwick County public defender’s office and then the county’s conflict office.

Cummings says his wife won 10 acquittals out of her last 12 cases, “which is just unheard of really.”

When Nika Cummings previously was at the firm, she worked part time there and as Mulvane’s prosecutor while also raising the couple’s four children. Once the kids were in school, she began her full-time public work.

Now, Bill Cummings says, his wife would like to try private practice again – and have the often more lucrative salary that accompanies it.

It’s fine by him, especially since they regularly confer about cases anyway.

“She’s just really good at what she does,” Cummings says. “She’s not only persuasive in the courtroom but … the office as well.”

 

Watercress developer faces charges in dispute with Fiddler’s Cove developer

WICHITA — A dispute between two Maize developers has escalated to charges being filed against one of them.

Watercress developer and lawyer LewJene Schneider has an April 4 court date over charges that were filed in September.

Neither Schneider nor her lawyer will comment on the situation because of her pending court date.

Schneider faces misdemeanor theft and damage of property charges in Maize Municipal Court for allegedly taking a competitor’s signs from city property near her development.

“We finally decided we’ve got to put a stop to this,” says Fiddler’s Cove developer Bob Scott. “Our real estate signs have disappeared for three years in a row.”

Scott says he placed directional signs on a city easement to help people find Fiddler’s Cove, which is accessible only through Watercress, near 37th and Maize Road.

Scott says he complained to police when the signs began disappearing and eventually started calling daily to complain. Finally, he says, police used a surveillance camera to figure out what was going on.

“They called and said, ‘We have the problem solved,’ ” Scott says. “I knew who it was all the time. … There was no motivation for anybody else to do it.”

Scott says he and Schneider have had several differences.

“We’ve had many conversations in the last three years, and it’s not a friendly conversation.”

Scott says he’s paid about $250,000 toward road and other improvements near the entrance of Watercress. He says part of that money went toward the Watercress sign, which he says he spent because he thought there was an agreement to eventually have a sign for Fiddler’s Cove.

“I made the agreement,” Scott says. “It was my fault.”

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You don’t say

“I’m just a little worker bee in the hive of justice over here.”

– Sedgwick County District Judge Phil Journey, talking about how his day is going

Frank’s Seneca Auto Service reopens

WICHITA — The state is allowing Frank’s Seneca Auto Service to reopen.

Have You Heard? reported that the state seized the assets of the business at 1977 S. Seneca on Wednesday for failure to pay $8,618 in state sales tax.

The company and the state have now reached a payment arrangement, and the business is back open.