BENTON - Nathan Marlen of Freeburg and Doug Blankenship of Greenville settled a claim that they trespassed on property of Missouri resident Joseph Lucas, changed his drainage, and cut down his trees.
Blankenship, his construction company, Marlen and Lucas notified Senior U.S. District Judge Phil Gilbert of their agreement on Aug. 9.
He gave them 60 days to consummate it.
Lucas sued Blankenship, his company and Marlen in January 2023, claiming they damaged 15 acres he purchased for hunting along the Kaskaskia River near Vandalia.
Blankenship moved to dismiss the complaint, claiming the amount in controversy did not reach the $75,000 minimum for federal court jurisdiction.
District Judge Staci Yandle denied the motion, finding Lucas submitted a $210,750 estimate for replacing trees.
After Yandle had presided for nine months she found Nathan Marlen’s brother Matthew Marlen practiced law and shared cases with her.
She disclosed the connection and invited responses.
Lucas moved for recusal, which she granted.
This year Lucas testified in a deposition that he confronted Blankenship about his company’s work and Blankenship said he followed Nathan Marlen’s directions.
Marlen moved for summary judgment, claiming the comment was the only information Lucas had suggesting Marlen provided any instructions to Blankenship.
Marlen’s counsel John Cunningham of Belleville claimed the comment fell squarely within the definition of hearsay and was inadmissible.
“As the plaintiff candidly admitted in his deposition, this alleged comment is the only evidence he has that Nathan had any involvement in the alleged trespass,” he wrote.
Gilbert denied summary judgment this June, finding enough evidence to create an issue of fact about a meeting in 2021.
The meeting included Marlen, his late father Jim Marlen, and Blankenship.
They agreed that Blankenship would farm on land that belonged to Jim Marlen’s family’s trust and the trust would reduce the rent in exchange for improvements.
According to Gilbert, Jim Marlen and Blankenship discussed earthwork for better drainage and removal of a concrete drainage structure.
“Nathan was present, but did not say anything in response," he wrote.
He found Blankenship stated in response to an interrogatory and in his deposition that he didn’t receive instructions or directives from Nathan Marlen.
He found Blankenship stated all three agreed the drainage structure needed to come out.
He found Blankenship said “they” to describe who approved the drainage work.
He found Lucas argued that Nathan Marlen arranged the meeting, had a beneficial interest in the trust, and stood silent when Jim Marlen told Blankenship to remove the structure.
He wrote that if a jury believed Nathan was a fly on the wall who did nothing to encourage or recommend the trust’s entering into the agreement, the jury could find in his favor.
Trial would have started Oct. 7.
Britton St. Onge and Jon Bierman of the Polsinelli firm in St. Louis County represented Lucas.
Joseph Bleyer of Marion represented Marlen in association with Cunningham.
Former attorney general candidate Thomas DeVore and Jeffrey Mollet, both of Silver Lake Group in Greenville, represented Blankenship.