Osage firm ordered to pay farmland owner

CRESCO | An Osage company has been ordered to pay a rural Elma man $118,900 in damages after a jury found the mans farmland was damaged and trespassed on when the company removed trees and fencing.

After two days of hearing witnesses, on Dec. 12 theHoward County District Court jury found defendants Mayers Digging Co. of Osage and part-owner Mark Wagner liable for damage to the farmland of plaintiff Melroy Dean Buhr at 13727 Howard Ave., rural Elma.

The jury awarded Buhr, represented by attorney Ted Sporer of Des Moines, $118,900 damages plus interest, which includes $55,000 for loss of use and enjoyment, $40,000 for trees and shrubs, $18,900 for a fence and $5,000 for drain tile repair.

A claim for lost profits from crop production from 2012 through 2014 caused by failure of field drain tile to work properly was not awarded.

The land adjoining Buhrsis owned by Samuel and Marilyn Hasapopoulos of Clear Lake and farmed byJames Koenigs, the primary owner of Pinicon Farms Inc. In fall 2011, Hasapopoulos and Koenigs discussed the removal of trees, rocks and brush along the fence line bordering the Buhr property, court documents state. The vegetation was said to be plugging field drain tile lines and causing other problems in connection with farming.

Koenigs contacted Mayers Digging, and he and Mark Wagner drove to the fence line Nov. 14, 2011, to discuss the removal of problem items, documents state.

Wagner was told by Koenigs he had the permission of all landowners to perform the work, the defendants trial brief states. Wagner removed the tree, rock and brush with a bulldozer Nov. 21-22, 2011.

When the work was complete, Buhr approached Wagner.

Wagner then learned for the first time that no express permission was obtained by Koenigs from Buhr, documents state. Buhr demanded payment.

Koenigs offered Buhr, by letter dated Feb. 21, 2012, to re-establish the property line, grade the soil and perform other work required to restore the productivity of the land affected.

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Osage firm ordered to pay farmland owner