Home Local News JUDGE ISSUES MAJOR RULINGS IN BIG OX LAWSUITS

JUDGE ISSUES MAJOR RULINGS IN BIG OX LAWSUITS

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A DAKOTA COUNTY JUDGE HAS ISSUED A PAIR OF RULINGS INVOLVING LAWSUITS BROUGHT AGAINST BIG OX ENERGY AND THE CITY OF SOUTH SIOUX CITY BY RESIDENTS WHO WERE FORCED FROM THEIR HOMES IN THAT CITY BY SEWER GAS ODORS.

DISTRICT COURT JUDGE PAUL VAUGHAN GRANTED A MOTION FROM THE CITY OF SOUTH SIOUX CITY TO STRIKE PORTIONS OF THE COMPLAINTS BY THE 15 PLAINTIFFS.

SOUTH SIOUX MAYOR ROD KOCH SAYS THAT RULING LIMITS THE DAMAGES THAT MAY BE CLAIMED AGAINST THE CITY:

OC……….ATTORNEY FEES. :21

THE JUDGE BASED THE RULING UNDER NEBRASKA’S POLITICAL SUBDIVISION TORT CLAIMS ACT.

THE MAYOR SAYS THE RULING IS POSITIVE NEWS FOR THE CITY:

OC………POSITIVE NEWS. ;15

THE JUDGE HAS ALSO DENIED A MOTION BY BIG OX ENERGY TO DISMISS THE LAWSUITS BROUGHT BY FIFTEEN HOMEOWNERS.

IN THE DENIAL OF BIG OX’S MOTION TO DISMISS, JUDGE VAUGHAN STATES IN PART THAT ALL OF THE COMPLAINTS ARE CONSISTENT THAT NONE OF THE PLAINTIFFS HAD AN INVASION OF SEWER GASES INTO THEIR HOMES PRIOR TO BIG OX ENTERING ITS JOINT VENTURE WITH THE CITY, AND THAT NONE HAVE EXPERIENCED A PROBLEM SINCE BIG OX REVERTED TO A DEDICATED SYSTEM OUTSIDE OF THE SOUTH SIOUX CITY SEWER SYSTEM.

THE JUDGE RULED IT IS EASY TO ASCERTAIN OR INFER THAT THE PLAINTIFFS HAVE ALLEGED ULTRA-HAZARDOUS OR ABNORMALLY DANGEROUS BEHAVIOR BY THE DEFENDANTS THAT HAVE RESULTED IN CERTAIN DAMAGES WHICH ARE SPECIFIED IN THE LAWSUITS.