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Court nixes $1.5 million damage claim

Sandusky Register Staff • Oct 8, 2013 at 4:50 PM

Ted Terry, who sued a neighbor for $1.5 million for damages to his property lost an appeal Friday after attempting to gain more than the $3,600 he was awarded when the case first went to trial.

The 22-year-old case stems from when Terry bought about 6 acres bordering the now defunct quarry in 1991, according to court documents.

After he bought the property, workers from the quarry’s then owner, Kellstone, removed quarried limestone from about three acres of his property where the stone had been stored. After Terry discovered what had happened, he filed a lawsuit.

The case first went to trial in 1995, but nine years passed before the court officially ruled in Terry’s favor. Another eight years passed before Common Pleas Judge Roger Binette awarded Terry $3,600.

Despite purchasing the entire property for only $8,000, Terry argued in court that his damages were in excess of $1.5 million, for the workers trespassing on his property and allegedly modifying the terrain.

After the Erie County Common Pleas Court ruled he would only receive $3,600 for damages, Terry appealed the decision to the Ohio Sixth District Court of Appeals.

The appeals court ruled against Terry on Friday, agreeing with the original court’s decision.

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