Judge Jane F. Kauvar took over March 10 for Judge Robert B. Downes on the Woodriver public nuisance case. Evidently, Judge Downes had been planning to retire.
In rather a surprise to us, long-time Attorney General office senior attorney Cam Leonard retired March 8. The state’s new attorney for DEC on the Woodriver case is Seth Beausang based in Anchorage, <firstname.lastname@example.org> (907)269-5274.
On March 18 the Pre-Trial Scheduling Conference will be held, with Judge Kauvar presiding — Courtroom 403, Fairbanks Courthouse at 3 pm.
As the judge already determined the operation of the two wood-fired hydronic heaters to be a public nuisance in the Feb 4 preliminary injunction order, the case now goes forward to either settlement or to the jury trial demanded by the defendants. Residents continue to report much improved air quality in the neighborhood.
What the State Wants
In the state’s Jan 3 complaint, the state is seeking:
- “Immediately enjoin and prohibit defendants’ operation of the OWB’s located at 5055 Palo Verde Ave and 58 Trinidad Drive.”
- Reimbursement of the state’s “costs incurred in abating the nuisance created by the defendants’ operation of the two OWBs.”
- Reimbursement of the state’s “costs and fees incurred in bringing this action” and
- “(S)uch further relief as the Court determines to be appropriate.”
Track the case: CourtView case number 4FA-13-01205CI, plaintiff – State of Alaska Department of Conservation, defendants – Andrew and Gloria Straughn