Fencing the subject of legal claims between RGM and county commissioners

The RGM Corporation filed a suit against the Cheyenne County Commissioners. The county, meanwhile, is involved in a counterclaim against the company.

The case was sent to the board on September 20. The plaintiff, RGM, claimed that property rights were violated by the county's board of commissioners through certain ditches and roads adjacent to the plaintiff’s real estate.

The plaintiff asserted the cause of action known as inverse condemnation and seeks damages from the defendant. The county denied the cause of action and further expects to support its role in the matter through certain affirmative defenses, such as the statute of limitations and sovereign immunity. It further asserts that the plaintiff’s claim lacks sufficient proof of damages.

“The case was brought against the county by RGM to rebuild fences,” said commissioner Ken McMillen. “The summary judgment showed that the judge ruled in favor of the county, so the attorney for RGM comes back and proposes that they won’t appeal and they will remove the fence if it’s on county right-of-way and each party pays a cost. By recommendation of our counsel, they said reject RGM’s proposal. We have a counterclaim against RGM for approximately 14,000 feet of fence that is on county right-of-way.”

The defendant has pursued summary judgment on the issue of the plaintiff’s claim. The plaintiff opposes this relief, and the matter is scheduled for trial later this month.

The company offices are located on the western edge of Sidney.