Timeline finalized for nuisance suit against city


A judge has set a timeline for a nuisance case against the City of Weatherford.

In February, Jasmine Digital Graphics, LLC, filed the claim after flooding in 2018 from storms caused damage.

Judge Jill Weedon set deadlines regarding the case in a recent filing in Custer County District Court.

Parties are ordered to appear for a pre-trial conference 9:30 a.m. August 20, 2021.

A trial date will be set at that time, tentatively scheduled within the September 13-24, 2021, timeframe.

The judge estimated the trial would take 3-4 days. If the plaintiffs or defendants want to add additional parties to the lawsuit, they must do so by October 2.

All preliminary lists of witnesses and exhibits are due by March 31, with a final list of witnesses and exhibits due by July 1.

July 1 also is the deadline for any dispositive motions.

The plaintiffs in the case are listed as Jasmine Digital Graphics LLC, John Henson, Misti Miller, Joshua Francis, William Hoffman, Rebecca Smith and Jessie Mars-Walling.

Mars-Walling and Smith are the owners of the property where Jasmine Digital Graphics LLC, is located at 1519 and 1521 E. Main St. Henson, Miller and Francis are owners and operators of Jasmine Digital Graphics LLC. Hoffman stores personal property at the affected location.

Jasmine Digital Graphics LLC had a mix of sewer and rain water flood into its building and surrounding areas dedicated to staging and storage in 2018 after the Weatherford area received a heavy rainfall. It is for this reason the plaintiffs filed tort claims with the city.

There were previously three tort claims filed with the city in reference to three separate occasions of this happening on the property. However, the first of the three was not filed within the required time period, according to City Clerk Ashley VanDeburgh.

Upon denial of the two tort claims at the December City Commission meeting, the plaintiffs filed suit against the City of Weatherford. In the petition, each of the seven plaintiffs claimed to have suffered damages in excess of $75,000 for the first cause of action of nuisance, and an additional $75,000 each.