May 30, 2023 7:08 am

MITCHELL — The post-verdict battle involving 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 very same dates that CPS planned to do so till it canceled earlier this month.

On May possibly 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) house awarded by the jury for a period of 150 days.”

It also asks that HSI be barred from employing the names or marketing and 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-variety 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’ house to hold a rodeo in lieu of the rodeo they triggered CPS to cancel.”

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

In yet another affidavit, Jimmie Nicolaus, who has been a CPS member for far more than 30 years, wrote that he was contacted by a pal who mentioned his son was contacted about getting the rodeo announcer for an occasion on the third weekend in July. Nicolaus mentioned the very same pal was contacted about judging a Mitchell rodeo, as effectively.

“I am concerned that, provided HSI’s history of damaging CPS’ house, 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 permit it to get rid of its house 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 component of HSI has by no means been plead or litigated in any respect and is fully new,” he wrote. “Moreover, the actions (CPS) seeks to prohibit as to HSI have by no means 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 given that the lease involving the two is terminated in court and CPS has been awarded monetary damages and received its share of house on the grounds.

“The parties are now in a position to go their separate techniques. (CPS), on the other hand, continues to seek to tie itself to HSI. If (CPS) does not want HSI to use its house, the resolution is very simple — get rid of the house from HSI’s land,” he wrote.

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

“The concept that (CPS) can restrict the use of names linked with the city of Mitchell, the effectively-recognized Corn Palace or the term ‘rodeo’ in any regard is exceptionally arrogant and fully unsupported by any information herein or the law. … Additionally, there are no non-compete or non-use agreements involving the parties to this action. … “HSI nevertheless has the suitable below the law to use its house as it sees match.”

Whalen also charged that CPS cannot bar HSI from reaching organization agreements with CPS’ previous sponsors for the very same lack of non-compete agreements in spot.

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

In court in April, HSI President Brandon Neuegauer testified that HSI was interested in holding far more 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 certain occasion. He mentioned HSI would be employing the whole facility in these situations.

In the April case, a jury ruled that CPS can take big components of the rodeo grounds with them to a new facility, plus award $one hundred,000 to CPS in damages following 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 component of the arena expansion. CPS then accused HSI of breaching the lease agreement and argued the improvements it paid for have been private house and could be moved to a new place close to the Mitchell Regional Airport.

CPS announced on May possibly eight that it was canceling the rodeo, but will nevertheless have the regular Saturday morning parade and the Sunday little ones exciting 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 internet site the Corn Palace Stampede Rodeo has ever been situated, dating back to 1971. Considering that the start off of the dispute, Corn Palace Stampede has produced yet another 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.