By Associated Press - Wednesday, July 11, 2018

OMAHA, Neb. (AP) - An Omaha landlord wants to evict a pharmacy that was convicted for selling unapproved opioids to improve the performance of racehorses.

MHP Development filed a lawsuit this week seeking to evict Kohll’s Pharmacy from Miracle Hills Park, its Omaha business park, the Omaha World-Herald reported.

The landlord cited Kohll’s recent sentencing in federal court for obtaining a performance-enhancing drug and providing it to Kyle Hebert, a Louisiana veterinarian. A judge in March ordered Kohll’s to five years of corporate probation and $200,000 in fines.

Kohll’s attorney Amy Jorgensen declined the newspaper’s request for comment.

Trial evidence showed the pharmacy and others conspired to distribute a synthetic form of Dermorphin , an opioid roughly 30 times more potent than morphine. The U.S. Food and Drug Administration hasn’t approved any drug containing Dermorphin for use in humans or animals. The pharmacy, which operated as Essential Pharmacy Compounding, repackaged the drug, labeled it as a D-Peptide and sold it to Hebert and other veterinarians.

Hebert was sentenced to 15 months in prison for putting the drug into syringes and giving them to trainers at Louisiana racetracks.

The landlord’s lawsuit said Kohll’s criminal acts were “outside the scope of tenant’s permitted use.” Kohll’s actions “did not adhere to the requirement in the lease that tenant conduct itself in a first-class manner,” according to the lawsuit.

Kohll’s still operates its store in the Omaha business park.

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Information from: Omaha World-Herald, http://www.omaha.com

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