Attorney moves to dismiss Fraser complaint over wrong legal description; board offers inspection

Attorney Patrick Kiner told the Davison County Drainage Board on May 19 that a drainage complaint filed by Kiera Leddy on behalf of John Fraser used an incorrect legal description and urged the board to dismiss it. Kiner said the complaint identified the obstruction property as being in Section 15 while the Vlieger property is in Section 14 of Blendon Township.

Kiera Leddy, representing John Fraser, said she and her client wanted to ensure the completed project was performed correctly and that they had not been notified of the project nor provided elevations, dimensions, or other details regarding the ditch cleanout.

As part of his motion, Kiner said owner Steve Vlieger would permit the following individuals to inspect the drainage ditch at an arranged time: tenant Tom Banworth, John Fraser, attorney Kiera Leddy, Jeff Bathke, Highway Superintendent Rusty Weinberg (if available), and members of the Drainage Board. The board stated it is present to help facilitate a resolution that satisfies both parties; if a resolution cannot be reached, the matter will be referred to the County Commissioners and/or the courts. If both parties agree with the proposed resolution, a date and time will be scheduled for the inspection.

The minutes also record that Hostler Farms LLC received administrative approval on April 17, 2026 for routine maintenance/cleanout of existing ditches in the W 1/2 of Section 33; Tom Banworth will perform the work. Drainage Administrator Jeff Bathke provided a status update on the cleanout of Kibbee Ditch.

No board vote on the Kiner motion to dismiss is recorded in the minutes; the board’s next scheduled meeting is June 16, 2026.