Seth and Kayla O’Donnell bought a 28-acre parcel for an easement to construct their home in February 2017. Included in that acreage is the 5-acre website of “Geese in Flight,” the one hundred ten-foot tall metallic attraction on the head of the 32-mile statuary street to Regent in southwestern North Dakota.
In July, the O’Donnells fenced the sculpture’s entry street instantly north of Exit seventy two on Interstate ninety four. The couple claimed in courtroom paperwork that the location’s legal responsibility is unclear whereas the sculpture is unsafe, in disrepair and attracts trespassers.
Additionally they declare they did not find out about sculptor Gary Greff’s lease settlement to the land for “Geese in Flight.” Earlier landowner David Wanner stated he had no proof Greff’s lease existed, in accordance with his affidavit.
Greff sued the O’Donnells late final summer time over their street closure. He stated Monday that earlier landowners have honored his lease to the location and the O’Donnells ought to have seemed into the circumstances of the sculpture on their new land. The O’Donnells claimed they researched “Geese in Flight” earlier than their land buy.
“Principally, they do not acknowledge there is a lease they usually do not need to honor the lease as is, and principally we would like the land so I haven’t got to undergo this once more,” Greff stated, including that he turned down the O’Donnells’ supply to purchase the land at $30,000 per acre and could not agree with Wanner on a worth both.
Filed in courtroom paperwork is a land lease settlement from 2002 between Greff and landowners Douglas and Keith Candee. They agreed to a 20-yr lease for $1. Greff, in flip, agreed to indemnify legal responsibility for the landowners.
In 2008, the Candees bought the land to Wanner, who signed an settlement in acknowledgement to honor verifiable, earlier agreements associated to “Geese in Flight.”
Seth O’Donnell didn’t return a message and a telephone name in search of remark. Kayla O’Donnell additionally didn’t return a message. Their lawyer, Sandra Kuntz, was unavailable Monday.
In November, Southwest District Decide William Herauf granted Greff a preliminary injunction for upkeep entry at “Geese in Flight.” He additionally ordered Greff to call the O’Donnells on a $2 million business legal responsibility insurance coverage coverage for the location.
Greff stated the trial in March will resolve the lease dispute, however added he’ll probably attraction if he’s pressured to maneuver the sculpture.
He stated relocation might value greater than $one hundred,000. He additionally stated he does not know the place he’d transfer the seventy eight-ton sculpture, which he claims to be the most important metallic…