BENTON – Construction contractor Doug Blankenship of Bond County, facing a claim that his construction company trespassed on hunting ground and cut down dozens of valuable hardwood trees, responded that he cut ten to twelve worthless trees.
His counsel Tom DeVore of Highland claimed Blankenship removed the trees in the process of restoring natural flow of water.
He admitted Blankenship entered upon property of Missouri resident Joseph Lucas without his permission but stated Blankenship had no knowledge he was on the property.
Lucas owns 15 acres on the Kaskaskia River in Fayette County.
Lucas sued Blankenship and adjacent property owner Nathan Marlen of St. Clair County in January, alleging trespass, conversion, and violation of the Illinois Tree Cutting Act.
Marlen moved to dismiss, stating Lucas failed to state a claim.
Blankenship moved to dismiss, stating the controversy didn’t meet the $75,000 minimum for federal jurisdiction.
U.S. District Judge Staci Yandle denied both motions on June 14.
She found Lucas sufficiently stated claims for trespass, conversion, and wrongful tree cutting against Marlen.
She found Lucas met the $75,000 requirement for federal jurisdiction by submitting a $210,750 estimate for replacement of his trees.
Marlen’s counsel Daniel Hasenstab of Belleville filed an answer on June 26, denying he knew Lucas hadn’t permitted Blankenship to enter the property for any reason.
He admitted Blankenship made alterations to a ditch on the Lucas property for purposes of improving the drainage of naturally occurring water.
Hasenstab claimed Marlen couldn’t be liable for any acts or omission on Blankenship’s part because there was no legal relationship imposing liability on Marlen for such acts or omissions.
He added that Blankenship had legal authority to take action under the Illinois Drainage Code and common law.
Hasenstab claimed any such acts were done for the sole purpose of preserving the natural flow of water drainage across the property.
He also claimed Blankenship had no knowledge he was on the plaintiff's property.
DeVore stated in Blankenship’s answer that at Marlen’s direction, Blankenship removed a concrete and steel structure that impeded the flow of water from his property.
He denied Blankenship removed any valuable hardwood trees and stated he removed softwood or valueless hardwoods.
DeVore denied the removal of the structure did any damage to Lucas.
He claimed Lucas and Blankenship reached an agreement, and Blankenship carried it out.
He added that Blankenship constructed a crossing across the drainage ditch to alleviate any concerns about Lucas’s ability to access parts of his property.
“Defendants further seeded the area with grass where the new crossing was constructed and further removed the trees from the plaintiff’s property,” he wrote.
He wrote, “Defendants performed each and every request of plaintiff to his satisfaction, all at substantial cost to the Defendants, and none to the Plaintiff.”
“This transaction constitutes a binding accord and satisfaction between plaintiff and defendants which as a matter of law defeats the claim being brought herein,” he added.
Yandle has set trial next June.
The parties have agreed to mediate with former magistrate judge Stephen Williams.