In a legal showdown echoing across the Ohio River, the U.S. Army Corps of Engineers emerges victorious as a federal judge dismisses a construction and asphalt company’s lawsuit. The company, Shelly & Sands Inc., had accused the Corps of facilitating an unauthorized tugboat service on the river. However, Judge Michael H. Watson, in a riveting decision, asserted that the Corps cannot be held liable merely for owning the land in question.
Army Corps Escapes Ohio River Tugboat Service Suit : The Landowner’s Liberation
Judge Watson swiftly granted the Corps’ motion, liberating it entirely from the claims on Thursday. The dismissal not only quashed Shelly & Sands’ allegations but also extinguished multiple claims and counterclaims among the involved parties.
Unraveling the Claims
Rayland Marina LLC, leasing the Corps’ land, found itself in a legal quagmire along with Rayland’s owner, Rick Dement, and Ohio River Marine LLC, the alleged provider of the tugboat service. Judge Watson cut through the legal haze, stating that Shelly & Sands failed to make substantial claims against the Corps from the outset.
Army Corps Escapes Ohio River Tugboat Service Suit : A Strategic Defense
Shelly & Sands, along with its terminal company S & S Terminal Inc., attempted to argue that the Corps, as the landowner, should bear responsibility for the nuisance claims arising from the unauthorized tugboat service. Judge Watson, however, dismantled this argument, emphasizing that it did not align with the allegations presented in the November 2022 complaint.
Army Corps Escapes Ohio River Tugboat Service Suit : Mixed Outcomes
While Judge Watson’s order granted the dismissal of some claims, not all parties escaped unscathed. Dement and his companies faced setbacks as their motion to dismiss two of the S & S companies’ claims was only partially successful.
Counterclaims in the Crossfire
The legal battlefield saw counterclaims from both sides. S & S delivery boats allegedly blocking access to leased land resulted in a counterclaim dismissal with prejudice. Simultaneously, accusations of interference with client relationships created a fissure, with Judge Watson allowing the claim to proceed regarding former customers.
The Ongoing Saga
As the legal drama unfolds, public nuisance claims, allegations of obstructing waterway access, and business relationship interference accusations linger on the court’s docket. Notably, Judge Watson asserted that the Corps could still play a role in the case as an interested party if it chooses to do so.
Silence in the Aftermath
In the aftermath of the courtroom clash, representatives for the Corps and S & S companies remained tight-lipped, withholding immediate comments. Counsel for Dement and his companies declined to offer insights.
