Judge Rules in Favor of Plaintiffs Ted Keller and Leo Straley

The following article was published in the Foster County Independent on February 2, 2008. Since their newspaper is not online, I've copied it here for the convenience of Internet readers.

Judge Rule Favors Plaintiff--Court Case sought Copies of Letters in Support of Dairy by Leasa A. Lura for the Foster County Independent

In a hearing of Ted Keller and Leo Straley vs. Foster County Commission, Judge Greenwood ruled in favor of the plaintiffs, but the damages they were seeking will not be paid.

During the hearing on Wednesday, January 28, attorney for the commission, Scott Porsberg attended the hearing by phone.

The hearing was for a summary judgment filed by Keller and Straley with a motion for summary judgment also filed by the commission.

Keller began by telling Judge Greenwood that he sent two letters to the county commission on June 9, 2008, requesting copies of the 346 letters that commissioner Jim Carr received from supporters of the Van Bedaf dairy.

After receiving no response, Keller said he sent another request on August 19, 2008, accompanied by an$86 certified check for the copies.

Keller stated that he still hasn't received copies of the letters and quoted the attorney general as saying that every person has the right to access records of government entities.

Porsberg said that he didn't receive copies of the letters because the request wasn't sent to the acting attorney.

He also said that Ellen Sherman sent a request to him for copies of the letters and received those copies.

Porsberg said he assumed that Sherman was acting as an agent for Keller and Straley and assumed that they would receive the letters from Sherman. Keller and Straley both testified that they had not received the letters from Sherman.

After a review of the case and the testimonies, Judge Greenwood said that Porsberg had no reason to believe that Sherman was acting as an agent of Keller and Straley.

Judge Greenwood ultimately denied the commission's motion for summary judgment and granted Keller and Straley's motion for summary judgment.

He said that the commission must provide copies of the letters to Keller and Straley in a reasonable amount of time.

Keller and Straley were also seeking at least $1,000 in damages, but Judge Greenwood denied that request, except for the filing fees to the county amounting to $80.

Judge Greenwood also said that he believes that the violation was not intentional.

Judgment Goes Against Foster County in Favor of Ted Keller and Leo Straley

Commissioners Meeting: March 18th, 2008

Justice prevailed today, January 28, 2009, in the Foster County Courtroom for Ted Keller and Leo Straley. Presiding Judge Greenwood granted their summary judgment against Foster County. He ordered that Foster County should provide them with copies of the 346 letters that Commissioner Carr said that he had from the community in support of the Van Bedaf mega-dairy locating near Carrington.

In March, 2008, when the Carrington community was debating the issue of allowing the Van Bedaf mega-dairy to locate so near Carrington, Commissioner Carr stated that he had 346 personal letters from businesses and members of the community in support of the dairy being established here. He used his supposed possession of these letters to sway the other commissioners to vote in favor of accepting the Van Bedaf application for a permit to operate 2 1/2 miles from town. Nearby established families and farms, as well as many Carrington residents, were worried about the smell and health hazards of a 20 million gallon manure lagoon being so close to them.

Interestingly enough, when Ted Keller and Leo Straley asked to see the 346 letters, the County refused access to them... even though they were part of a public record used to influence the other commissioners and the community. Foster County had already been sanctioned by the Attorney General of North Dakota for not providing public information in a timely manner, so as a last resort, Keller and Straley decided to sue the County in order to get access to the letters.

It has taken the plaintiffs eight months to get information that should have been provided to them immediately. Because of the refusal and delay in producing the 346 letters, Keller, Straley and others have begun to question whether or not they truly exist. Or, if the letters do exist, are they well-writtten, well-thought-out letters like the ones which were written in opposition to the location of the mega-dairy. Or, as someone suggested, are they simply a form letter that customers signed when they bought gas/supplies from Commissioner Carr.

When Ted Keller and Leo Straley receive the letters from Foster County, they have agreed to publish them on CarringtonNews.Com so the community can see the number and quality. Judge Greenwood also ordered Foster County to reimburse the plaintiffs for the filing fee which they had to provide in order to sue the County.

Another court date was set for March 17th in order to hear a complaint that the Foster County Commissioners met in an unlawful, unannounced session to decide issues regarding the Van Bedaf mega-dairy.