A second round of motions were held in Meade County Circuit Court Thursday (1/23) as attorney’s from each side of the issue seek to get a judge to make a decision in the dispute.
Earlier this week, attorneys representing the Lincoln Trail Grain Growers Association filed motions to have a hearing to set a temporary injunction prevent Consolidated Grain and Barge from closing operations in Brandenburg on January 31 and to expedite discovery in the case.
In court Thursday, Anthony Raluy, counsel representing Consolidated Grain and Barge, argued that due to contractual obligations with Nucor, if an order had not been issued by January 31, they would be contractually obligated to proceed with dismantling of the grain facility. He asserted that the grain association’s actions were too delayed. Raluy said that if the court set an injunction before the operational closing date, CGB would comply with the court order. Michael Merrick, counsel representing the Lincoln Trail Grain Growers, countered that the timing argument was “unfair” as his clients had been working to find factual information late last year and had filed a lawsuit within weeks of hiring counsel in less than a month time period.
Merrick also stated that he wasn’t sure if CGB would begin dismantling the facility, even if the restraining order wasn’t entered or delayed sighting the major risk as his side wants to the deal to be voided. Merrick said that their objective wasn’t to force CGB to stay in business, but keep the current facility and road in place.
Keith Bond, counsel representing the Meade County Fiscal Court, Meade County-Brandenburg Industrial Authority and Meade County Riverport Authority, stated that the standing issue was crucial to the direction the case will take and nothing can be moved forward until that finding has been made. Douglas Ballantine, counsel representing Nucor and Greenland Acquisitions, called the motions “premature,” saying that any order for discovery, expedited or otherwise, should wait until there’s a decision on standing. He also revealed that Nucor intended to file a motion to dismiss the case in the coming days.
Meade County Circuit Judge Bruce Butler said that he would not set a hearing date until the standing issue is resolved. He also denied the motion for expedited discovery in an effort to “keep the cart and the horse lined up.”
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