Judge Rules Against Carhart in Ongoing Eviction Battle

On January 12, a Nebraska Judge dealt a blow to Dr. LeRoy Carhart in the case over Carhart’s eviction. Carhart, the abortion provider who successfully challenged Nebraska’s abortion procedure ban in Stenberg v. Carhart, sued the business partnership that bought the building where his abortion practice was located after they filed to evict him last May. District Court Judge William Zastera ruled that Carhart failed to post a $50,000 bond in a timely manner, and denied Carhart’s request for protection from eviction while the case is on appeal. When a Nebraska business partnership purchased the building last May, Carhart argued that his lease gave him first right to buy the building, but Zastera ruled that the purchase was legal, and ordered Carhart to pay the $50,000 bond to protect the new owners from potential losses during the appeal process. Carhart’s lawyer said that the bond was not paid on time because two bonding companies delayed their decision, and then refused to do business with Carhart. He will appeal the case to the Nebraska Supreme Court.


Omaha World-Herald - January 13, 2001

Support eh ERA banner