Court nixes $1.5 million damage claim

An Ohio appeals court has ruled that a Kelleys Island property owner won’t collect more than $1.5 million for damage to property he bought for $8,000.
Sandusky Register Staff
Oct 8, 2013

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.

Comments

Centauri

So who is the former owner of Kellstone?

http://www.clevelandmob.com/waro...
"Palladino retreated to live on land he owns on Kelleys Island in western Lake Erie where his family had vacationed for many years. There, he focuses on providing limestone and other aggregates to supply asphalt to the construction industry. His 176-acre quarry on that island is operated under the auspices of Kellstone Inc.,
one of 58 companies under his control or that of family members."

http://www.aggregateresearch.com...
"Lafarge buys Kellstone quarry on Kelleys Island Business MARBLEHEAD, Ohio -- Lafarge North America, the owner of the Marblehead quarry, has purchased the Kellstone quarry on Kelleys Island for an undisclosed sum. The acquisition was finalized last week. The Kellstone quarry was owned by the Palladino family, which also operates Kelleys Island Ferry Boat Lines."

Leslie

"Lafarge buys Kellstone quarry" - that 2004 report was not quite correct. Lafarge has an Asset Lease on the property. Kellstone still holds the title to the quarry.

budweiserbroad

The right decision was made. Ted needs to tear down his flea infested motel- such an eyesore! He should have used the money he spent on attorney fees to pay his outstanding taxes and those who do work for him. LOSER!

Capt. Ford

KI character assassination at its finest.

budweiserbroad

My opinion about the decision. Fact- motel is uninhabitable. Name always in paper for not paying taxes. Known to not pay bills for work done. No assassination - opinion and fact.

Capt. Ford

Yep Ted, you're always right.

Julie R.

@budweiserbroad: You say the name is always in the paper for not paying taxes.........

I heard through the grapevine that some employees at the courthouse don't pay their taxes, either.

In addition, how about your prosecutor? Didn't he get out of paying $200K in back taxes?

Julie R.

This case first went to trial in 1995 and it's just now being settled almost 18 years later? Geez! Talk about justice delayed is justice denied! What's with these Eeerie County courts, anyway?

Also, what's with this Palladino name that keeps coming up? Does he have connections here in Eeerie County or what? It sure is starting to sound like it!

Centauri

If you research the name Palladino, you will get some information. I will post a few links. I'm very busy with other tasks.

http://www.freerepublic.com/focu...
The Mafia Plot To Kill Dennis Kucinich
"As the Cleveland mafia waged its civil war after the death of boss Scalish, newly elected Mayor Kucinich fought hard to sever its old ties to local government. In 1977, Kucinich mandated that all city contracts be re-evaluated. The most coveted deal was the garbage-hauling contract once held by Danny Greene, before an associate of his named James Palladino took it over. Palladino made no secret of his contempt for Kucinich after the mayor awarded the contract to another businessman not directly connected to such nefarious characters."

http://blog.cleveland.com/pdextr...
(This article was originally published in The Plain Dealer on May 10, 1992)
"Dimora wrote a character reference in 1990 for James Palladino, who was convicted of auto theft in 1957 and theft in 1972. Palladino was indicted March 12 by a federal grand jury on four counts alleging that Palladino, a felon, illegally possessed more than 60 firearms and ammunition. Federal law prohibits felons from possessing firearms."

http://www.clevescene.com/clevel...
A Quick Look At Who Gives To, And Who Benefits From, Bill Mason's Campaign Treasury
"James Palladino: A felon (last convicted in 1972) and a target in a 1989 FBI investigation into drug smuggling (that did not lead to charges), he once ran the area's most lucrative garbage business before moving to Kelleys Island. Contributions: $1,000."

budweiserbroad

I am right. Can you offer anything to dispute the facts?

Darwin's choice

Friend of Joe Yost? Sounds a lot like him!