MINTO (AP) - The attorney for a Walsh County grain elevator says a jury's $455,000 award to the elevator in a lawsuit against protesting neighbors should send a message.
"This might be of interest to other communities with elevators going through expansion, because it illustrates the potential cost of protesting in ways that are unfair," said Zenas Baer, who represents the Minto Grain elevator and owners Bill and Kathryn Slominski.
David Thompson, the attorney for the defendants, sees a different message. He said Minto Grain and the Slominskis had been seeking $6.8 million.
"This verdict means that Minto Grain and the Slominskis were awarded a fraction of what they were seeking in this case," Thompson said.
Minto Grain LLC had purchased railroad property in 2001, including some elevator buildings, to expand a six-car loading facility to a 110-car shuttle operation. Some of the railroad land had been occupied by neighbors for several years.
Neighbors filed a number of lawsuits against Minto Grain or BNSF Railway, but they were unsuccessful.
Mark and Suzi Tiberts argued that if Minto Grain expanded, it would create dust and fumes. That case was dismissed by a district court and upheld by the Supreme Court.
Minto Grain sued members of the Tiberts family for delaying the project. The lawsuit was filed in November 2004 and went to trial in Walsh County in January.
"This was the first chance for Minto Grain and Bill Slominski to present their case to a jury to hear the level of interference by neighbors - reaching across the boundary line to control and dictate what could be done," Baer said.
Thompson said the Tiberts will appeal the jury's verdict.
Posted in State-and-regional on Sunday, February 17, 2008 6:00 pm Updated: 2:24 pm.
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