BENTON - U.S. District Judge Staci Yandle recused herself in a tree cutting suit against Nathan Marlen of Freeburg after stating his brother, lawyer Matthew Marlen, rented space to her and worked with her at times.
She presented the situation to the parties, and when she asked the parties about it they recommended recusal.
Joseph Lucas of Jefferson County, Missouri, filed the suit in January against Doug Blankenship of Greenville, his construction company, and Marlen.
Lucas’s counsel Britton St. Onge of the Polsinelli firm in St. Louis alleged violation of the Illinois Wrongful Tree Cutting Act, trespass, and conversion.
St. Onge claimed Lucas bought 15 wooded acres on the Kaskaskia River in Fayette County in 2016, primarily for hunting.
He claimed Blankenship entered the property from Marlen’s property at Marlen’s direction in 2021 and excavated a ditch to make it wider, longer, and deeper.
St. Onge added that Blankenship dug a new ditch across the property from east to west and blocked access from the main portion of the property to the portion on the other side.
He claimed the excavations destroyed trees that would cost $200,000 to replace.
St. Onge sought compensatory and punitive damages, and he claimed the tree cutting law requires payment three times the value of trees as they stood.
Blankenship’s counsel, Jeffrey Mollet of Silver Lake Group in Highland, moved to dismiss the complaint, stating the controversy did not meet the $75,000 minimum for federal jurisdiction.
Marlen’s counsel, Daniel Hasenstab of Brown and James in Belleville, moved to dismiss for failure to state a claim.
He claimed an allegation that he directed activities wasn’t sufficient to impose liability.
Yandle denied their motions in June.
On Blankenship’s motion, she found Lucas declared that he secured a $210,750 quote from Paul Tree Farms for replacements.
On Marlen’s motion, she found an individual who aids, abets, assists, or directs trespass by another can be liable for trespass.
Yandle found the Wrongful Tree Cutting Act creates liability for any party who cut or caused to be cut any timber or tree that he or she did not have a legal right to cut or cause to be cut.
She found Lucas stated a claim for conversion, which she defined as wrongful deprivation of one who has a right to immediate possession of an object unlawfully held.
On Oct. 10, Yandle disclosed that before joining the court she had a personal, professional, and financial relationship with Matthew Marlen.
She wrote that she believed he was the brother of Nathan Marlen.
“Specifically, Matthew Marlen was the undersigned's landlord for her law firm, and co-counseled with her on a few cases,” she wrote.
Yandle wrote that she had no financial interest in the subject of this proceeding or in any party, attorney, or law firm.
She ordered the parties to confer regarding their positions, and she set a conference for Oct. 26.
Lucas moved for disqualification on Oct. 25.
St. Onge wrote, “Given the circumstances disclosed by Judge Yandle on October 10, her impartiality might reasonably be questioned.”
He wrote that he conferred with defense counsel about it, and they didn’t object.
Yandle granted the motion, and the clerk randomly assigned Senior District Judge Phil Gilbert.