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Another Lawsuit Filed Against Lee County

Jason Parrott
/
Tri States Public Radio

Lee County faces yet another lawsuit, this time over the condition and maintenance of one of its gravel roads.

The suit was filed by Frankie Reyes, who's become a fixture at the weekly meetings of the Board of Supervisors.  He started attending to complain about the road leading to his home.

Reyes lives along 320th Avenue, which is a gravel road located near Wever.  At the end of the road is a large quarry, which is providing rock for the new plant being built by Iowa Fertilizer Company.

Reyes repeatedly told county board supervisors that the trucks speed down the gravel road, kicking up excessive amounts of dust and creating safety hazards.

The county conducted a speed study.  Based on the results, it decided speeding was not a problem and took no action.
 

Frankie Reyes' home is just a few hundred yards from a large rock quarry, which is very busy thanks to IFC's new plant near Wever.

Reyes and his wife have countered by filing suit in South Lee County District Court. 

In the lawsuit, they claim the county is lax in the upkeep of the road.

"The Defendant has failed to properly maintain the roadway in front of the Plaintiff's residence or to limit access to this roadway or to limit the speed which vehicles may travel on this roadway."

The lawsuit said the continuous traffic is a nuisance and it generates unpleasant and harmful materials.

"The fugitive dust and other harmful materials are offensive and annoying to the Plaintiffs and injurious to the Plaintiff's health and to the comfortable use and enjoyment of their home and property."

The Reyes family said it's incurred damages from the nuisance and are seeking compensation for:

  • Past, Present and Future Pain and Suffering
  • Past, Present and Future Medical Expenses
  • The Impairment of the Comfortable Use and Enjoyment of Plaintiff's Home
  • Past, Present and Future Loss of Body Function.

They are seeking a jury trial.

Jason Parrott is a former reporter at Tri States Public Radio.