Newspaper Article Archive of
The Kalona News
Kalona, Iowa
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Newspaper Article Archive of
The Kalona News

June 22, 2017 Two Bunker Mill Bridge suits combined
Article Pages -- as published on the The Kalona News website.

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ARTICLE DESCRIPTION:

When the two sides met in Polk County Court to discuss the matter of Scott Allen and Doris Park’s suit against the North Skunk River Greenbelt Association, a significant chunk of time was spent out of session in discussions between the lawyers and the presiding judge, as well as with clients. It resulted in that suit being combined with a suit brought by Bowers in Washington County.

At issue in these discussions was whether the second suit was necessary, given the similarities of the issues in the two cases. After roughly two and a half hours, an agreement was reached to combine the Polk County suit with the existing suit in Washington County.

After approximately 30 minutes spent in chambers with the legal counsel for the respective sides, Judge Lawrence McLellan allowed NSGRA’s lawyer Larry Van Daele to argue his case concerning his various motions, including that the venue for the case was improper.

Van Daele argued that the case should take place in Poweshiek County, where the “principal office” of NGSRA was located, while opposing counsel Siobhan Briley argued that Polk County, where the P.O. Box was, was proper.

The judge appeared to be more interested in whether Washington County would work for the case. The Washington County case sees the role of plaintiff and defendant swapped as Park and Allen having claims brought against them.

In his defense of his amended petition concerning change of venue, Van Daele argued for the consolidation of the cases to avoid a situation where one case was ahead of another and the legal confusion of when certain decisions by one district court may take precedent and affect the other.

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