Madison - St. Clair Record

Saturday, August 17, 2019

Defendant Erb Equipment seeks correction of court record, reconsideration of order denying transfer

By The Madison County Record | Jun 1, 2016

St. Clair County associate judge Randall Kelley exercised jurisdiction over a suit against builders of the Keystone Pipeline on the basis of bad information, according to defendant Erb Equipment Company. 

On May 25, Erb Equipment asked Kelley to reconsider an order he signed in April, denying a motion to transfer the suit to Bond County. 

Donald Ohl of Edwardsville quoted from Kelley’s order that Erb Equipment maintains a large office in St. Clair County near the courthouse. 


“The erroneous fact that the defendant, Erb Equipment Company of Illinois, Inc., is located in St. Clair County was cited by this court as reasoning of why this case should not be transferred to Bond County,” Ohl wrote. 

He attached an affidavit of Erb Equipment’s general manager, Trent Daubs, giving an address at 1017 East Chain of Rock Road in Mitchell. 

Mitchell is in Madison County, Ohl wrote. 

Grey Chatham of Belleville filed the suit last year for Louise Downen of Bond County, claiming the pipeline project damaged her farm. 

Downen seeks damages from Canadian developer TransCanada, Sheehan Pipeline of Oklahoma and Erb Equipment. 

She claims her land yields a reduced crop, her pond holds no water, and rocks and debris prevent tilling. 

Chatham practices in Belleville with Charles Baricevic, currently running for Congress on the Democrat ticket. 

Baricevic said when his campaign began that he supported completion of the Keystone Pipeline.

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