12/18/2018- The plaintiffs in a dismissed lawsuit trying to stop the construction of an Oconto County manure pit say they shouldn’t have to pay the defendant’s court costs, despite a judge’s ruling. Sanctions were levied against the seven neighboring property owners and the attorneys that brought the case against B&D Dairy owner Brian Lepianka of Pound after a project got underway to build a 12.6-million-gallon manure storage pit in the Town of Little River. The suit claimed the facility would create a nuisance, but Judge Jay Conley deemed the case baseless and ordered the residents and their lawyers to cover Lepianka’s legal fees. However, in a letter recently submitted to Conley, the plaintiffs say they told their attorneys they wanted to end the case a month prior to the judge’s ruling and that they were not aware of the potential sanctions that could be imposed if they proceeded with the case. Conley has since vacated his ruling ordering the sanctions and has scheduled a meeting with both sides for early January.
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