Newspaper Article Archive of
The Kalona News

The application for contempt sought by Friends of the Bunker Mill Bridge (FBMB) defendants in the original case filed by the North Skunk River Greenbelt Association (NSRGA) was denied by Judge Joel Yates. The ruling followed a hearing in Washington County District Court Dec. 1, in which FBMB cited an alleged violation of the Consent Decree (specifically paragraph 6) entered into by both sides February 4, 2017. NSRGA’s original filing was in June, 2016, and the later Consent Decree was court ordered.

According to the court documents, a donation of rock was made by the Troyers, about which the FBMB defendants “… contend the rocks are debris and in willful violation of paragraph 6. The NSRGA plaintiffs contend the rocks are all or in part rip rap and consistent with general maintenance of the Property (Bunker Mill Bridge area).”

In his ruling, Yates noted, “Defendants have the burden of proof, and a high burden of proof. After careful consideration of the testimony, exhibits and court file, the Court concludes the defendants have not met their high burden of proof and there has been no willful disregard of the Consent Decree.

“It is therefore ordered that the defendants Application for Contempt is denied and trial on the merits remains set for February 27, 2018.”