Proskocil alleges making additional loans to Shafer in May 2006, June 2006, December 2006 and June 2007. The complaint declares that none of the loaned money has been repaid.
    The Shafers filed an answer to the complaint denying all allegations. They also stated that they never signed any trust deed or any other documentation obligating them to pay any deficiency to Proskocil.
    The lawsuit couldn’t come at a worse time, as Comstock promoter Henry Nuxoll faces felony charges for insufficient fund checks. Nuxoll is scheduled for arraignment in Custer County District Court on the charge Feb. 7.
    The money trouble surrounding Nuxoll and Shafer have annual concert goers wondering just where things stand for this years events. Many purchase tickets and campsites each year for the following year’s event, and now find themselves questioning whether or not they are just out of luck this time.
    In a telephone interview Tuesday with with the Chief, festival sponsor Viaero Wireless, company President Steve Hosid explained that the company is only a title sponsor of the event. The final decision of whether or not it takes place is that of the promoters, not Viaero.
    The company came on board the Comstock train last year, with a $400,000 up front investment.
    “We want to make sure Comstock takes place - we believe in it and wanted to be part of it,” said Hosid.
    Hosid says last year Viaero advanced money to pay for all the entertainment for the Windmill Festival, and some of the entertainment for the Rock Festival.
    “We (Viaero) are owed more money than any other creditor,” says Hosid. “But we are not pressuring about it because we want to see the event continue.”   
    Though no acts have been confirmed for this years events, Nuxoll continues to encourage fans not to give up. He says announcements regarding this year’s concerts will be made in the very near future.