A JUDGE HAS DISMISSED THE DEFAMATION LAWSUIT BY SIOUX CITY BUSINESSMAN RICK BERTRAND AGAINST THE SIOUX CITY COMMUNITY SCHOOL DISTRCT AND TWO DISTRICT OFFICIALS.
JUDGE PATRICK TOTT RULED THAT BERTRAND ADMITTED HE COULD NOT PROVE THAT FORMER DIRECTOR OF OPERATIONS BRIAN FAHRENHOLZ MADE ANY DEFAMATORY STATEMENTS ON OR AFTER JANUARY 9TH, 2021 TO FORMER SCHOOL BOARD PRESIDENT DAN GREENWELL, BEFORE THE STATUTE OF LIMITATIONS EXPIRED TWO YEARS LATER.
INSTEAD, BERTRAND ASSERTED THAT HE ASSUMED THAT “SINCE THESE STATEMENTS WERE MADE WITH SUCH FREQUENCY, THAT THEY WERE MADE WITHIN IN THE STATUTE OF LIMITATIONS”.
GREENWELL HAD EARLIER BEEN DISMISSED FROM THE LAWSUIT WHERE BERTRAND CLAIMED THE DEFENDANTS RENEGED ON AGREEING TO SELL HIM LAND NEAR UNITY ELEMENTARY SCHOOL FOR APARTMENT AND HOUSING PROJECTS, PLUS MADE FALSE STATEMENTS ABOUT HIM.
GREENWELL AND FAHRENHOLZ BOTH ASSERTED THEY HAD NOT COMMUNICATED WITH EACH OTHER SINCE JANUARY 1 OF 2021, TO THE PRESENT.
FAHRENHOLZ ASSERTED IN HIS AFFIDAVIT THAT HE HAS NOT SPOKEN TO ANYONE ABOUT THE NORTH HIGH DIRT PROJECT SINCE AT LEAST THAT DATE.
SUMMARY JUDGMENT WAS GRANTED TO FAHRENDHOLZ AND THE SIOUX CITY COMMUNITY SCHOOL DISTRICT, AND THE COURT COSTS WERE ASSESSED TO BERTRAND.