|
|
|
Nebraska court throws out jury award in hog farm caseOMAHA, Neb. (AP)--The Nebraska Court of Appeals has thrown out a $900,000 jury award to two Hayes County farmers and their attorney who were sued for defamation after criticizing a proposed hog farm. The decision threw out the award, saying a judge, not a jury, needed to determine whether the lawsuit had any basis. It was the first appellate court review of a 1994 state law meant to eliminate lawsuits aimed at preventing people from participating in governmental proceedings. The case was sent back to the lower court. The Sept. 16 ruling was the latest development in the case that dates back to 2001, when Furnas County Farms--a division of Sand Livestock Systems Inc., of Columbus--proposed building an operation to hold 44,000 hogs in the northwest part of Hayes County. Hayes County farmers Char Hamilton and Duane Fortkamp and their group--Area Citizens for Resources and Environmental Support--feared the impact a large hog farm could have on the area and filed written comments about Furnas' environmental record with state regulators. Sand and Furnas and their corporate heads, Chuck Sand Jr. and Tim Cumberland, said those comments defamed them and filed suit. Hamilton, Fortkamp and their attorney, Amy Svoboda, countersued under a little-used 1994 law meant to shield people who comment on controversial issues from being slapped with lawsuits meant to intimidate them. In 2005, a Keith County jury rejected the libel claims and ordered Sand Livestock, Furnas, Sand and Cumberland to pay the trio $300,000 each plus legal fees. 9/29/08 Date: 9/24/08 Advertisement
Copyright/Privacy
Copyright 1995-2009. High Plains Publishers, Inc. All rights reserved. Any republishing of these pages, including electronic reproduction of the editorial archives or classified advertising, is strictly prohibited. If you have questions or comments you can reach us at High Plains Journal 1500 E. Wyatt Earp Blvd., P.O. Box 760, Dodge City, KS 67801 or call 1-800-452-7171. Email: webmaster@hpj.com |
Market Snapshot Inside Futures |
