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Attorney updates board on Hoplin/McLaughlin settlement talks; Dacotah Bank withdraws complaint on Breidenbach permit
Summary
Board attorney Sean Fredricks reported proposed modifications to a settlement in the Hoplin/McLaughlin complaint to require Hoplin parties to secure permitting and limit liability to damages they cause; the Board is holding the complaint in abeyance. Dacotah Bank withdrew its complaint against Neil Breidenbach for Surface Drain Permit No. 6710; the board will monitor permit conditions and required written consents.
Attorney Sean Fredricks updated the board on the Hoplin/McLaughlin complaint and said he drafted modifications to the parties' proposed settlement to assign permitting responsibility to the Hoplin parties and limit their liability to damages caused by their activities rather than to all damages from the natural watercourse. The Board previously directed that the complaint be held in abeyance while the parties seek a negotiated resolution; that status was reaffirmed at the Feb. 17 meeting.
Fredricks also reported that Dacotah Bank withdrew its complaint against Neil Breidenbach regarding Surface Drain Permit No. 6710. The Board will keep the Breidenbach matter on future agendas and monitor Mr. Breidenbach’s progress in satisfying permit conditions, specifically obtaining written consent from the Buxton Township Board of Township Supervisors and affected landowners. There was no update provided on the Koenig lawsuit related to obstruction complaint proceedings from 2017–2018.
