Family of Ormsby House co-owner moves to dismiss breach of contract suit
The family of Ormsby House co-owner Allan Fiegehen has asked District Judge James Wilson to dismiss a breach of contract suit by a couple Fiegehen tried to buy a house from.
The suit was filed by John and Cherie Konvicka after Kim Fiegehen, Al’s daughter-in-law, told them the purchase contract was invalid because of Fiegehen’s dementia. Fiegehen signed over his power of attorney to Kim in April 2017, according to court documents. Those documents also include a letter dated in July 2019 from Reno Dr. James McLennan saying that Al is suffering from Alzheimer’s and his “cognitive functions” are in decline.
But the Konvickas refused to back out of the contract and argued in their lawsuit that Al Fiegehen recently signed documents selling Glen Eagles restaurant to Kim and her husband.
“It stands to reason that if defendant had the legal capacity to sign a contract for the sale of his restaurant, he also had the legal capacity to sign a contract for the purchase of a residence,” their complaint states.
At issue is the house in Silver Oak the Konvickas owned on Turner Court.
“Because Mr. Fiegehen was, at the time of entering into the agreement and is currently mentally ill or defective by virtue of his Alzheimer’s diagnosis, Mr. Fiegehen lacked the capacity to enter into a binding contract,” Ryan Russel, attorney for the Fiegehens, wrote in support of his motion to dismiss the case.
He charged that the Konvickas were attempting to take advantage of an elderly man who had been diagnosed with dementia.
The Konvickas are suing, seeking $20,000 for breach of contract and another $19,000 in damages including the inability to sell the home until after March 29 when the remainder of the sales proceeds were due.
Russel pointed out that they almost immediately were able to sell the home for $725,000 — $20,000 more than Fiegehen offered.
In their response, the Konvickas charged that Al’s family members, “are in considerable conflict over control of Al’s assets.”
Wilson has not yet ruled on the motion to dismiss the case.