Ellsworth junior Curt Schilling (11) weaves his way through a trio of Adrian defenders including Kyle Knips (33) and Brett Block (bottom, left) during the second half of Thursday’s South Section 3A Boys’ Basketball Tournament game in Worthington. Ellsworth defeated the Dragons 70-56 to earn a berth in the event’s championship game for the second straight year.

By John Rittenhouse
A rematch of last season’s South Section 3A Boys’ Basketball Tournament championship emerged out of Thursday’s semifinal-round games in Worthington.

Top-seeded Ellsworth earned its second consecutive berth in the title tilt by besting Adrian 70-56 in a physical battle between a pair of teams representing the Star Herald coverage area.

When third-seeded Southwest Christian beat Edgerton 67-49 in Thursday’s second semifinal game, the rematch of last year’s championship game was on.

Look for the game story of Ellsworth’s clash with SWC at Southwest State University in Marshall on the front page of the sports section.

Adrian, the tournament’s fifth seed, gave the Panthers a run for their money during Thursday’s battle in Worthington.

The Dragons stunned EHS by opening a pair of 10-point leads in the final stages of the first quarter, but Ellsworth met the challenge by outscoring Adrian 56-32 in the final three periods to prevail by 14 points.

The win upped Ellsworth’s season record to 25-2 heading into the championship game. Adrian’s 15-9 campaign came to an end.

With Pete Hohn, Brandon Wolf and Casey Knips scoring six points each to lead the way, Adrian shocked the fans in the packed WHS gym by rolling to a 24-14 lead in the first quarter.

Ellsworth led 6-4 when Adrian put together an 18-6 run capped by a pair of free throws from Wolf with 36.4 seconds remaining in the period to give the Dragons a 22-12 lead.

Both teams scored two points in the final 30 seconds of the stanza.

The game’s momentum favored Adrian heading into the second period, but that changed quickly as senior guard Dylan Kvaale scored eight points to help the Panthers gain a 31-30 halftime lead with a 17-6 scoring cushion in the quarter.

Ellsworth blanked the Dragons for the first 4:38 of the second stanza while putting together a 13-0 run capped by a layup from Kvaale at the 4:13 mark of the quarter to give the Panthers a 27-24 lead.

Kyle Knips recorded Adrian’s first points of the period with a field goal with 3:22 remaining to make it a 27-26 game. Each team scored five points before the first half was complete.

Dragon Dusty Spieker gave his team a 32-31 edge with an early basket in the third quarter, but that proved to be the last time AHS would sport a lead in the game.

Curt Schilling, who scored 21 of his game-high 31 points in the second half, hit a pair of field goals to put the Panthers in front to stay.

Adrian did battle back to tie the game at 37 and 39 as the period progressed, but the Panthers ended the period with an 8-2 run capped by a three-point play from Schilling with 51 seconds left to give EHS a 47-41 advantage.

The Dragons were unable to close the gap in the early stages of the fourth quarter, and Ellsworth led 57-45 when Schilling converted a field goal with 2:38 left to play.

Adrian trimmed the difference to eight points three times late in the period, but Ellsworth met the challenge each time before winning the game by 14 points in the end.

Along with scoring 31 points, Schilling pulled down 10 rebounds, passed for six assists and blocked two shots for the winners.

Kvaale scored 15 points, grabbed eight rebounds and charted seven assists, while Brant Deutsch added 14 points and nine rebounds to the winning cause. Travis Jenniges recorded four steals and four assists for EHS.

Wolf scored a team-high 13 points and passed for five assists during a solid performance for Adrian.

Casey Knips scored 12 points, collected eight rebounds and blocked three shots for the Dragons, while Pete Hohn added 10 points and five rebounds. Brett Block charted six assists for AHS.

Box score
Adrian
Hohn 1 2 2-2 10, Wolf 4 1 2-2 13, Henning 1 0 0-0 2, Klingenberg 0 0 0-0 0, Spieker 1 0 0-0 2, Block 3 1 0-0 9, K.Knips 2 0 0-0 4, Brake 2 0 0-2 4, C.Knips 6 0 0-0 12.
Ellsworth
Schilling 11 0 9-9 31, Jenniges 3 0 2-2 8, Janssen 0 0 0-0 0, Kvaale 5 1 2-2 15, Deutsch 4 1 3-5 14, Brommer 1 0 0-0 2.

Team statistics
Adrian: 24 of 58 field goals (41 percent), four of six free throws (67 percent), 25 rebounds, 11 turnovers.
Ellsworth: 26 of 62 field goals (42 percent), 16 of 18 free throws (89 percent), 30 rebounds, 12 turnovers.

Luverne’s Erika Egdorf poses for this picture with her custom-made skates, some of her skating medals and the Team USA jacket she wore during the 2001 Special Olympic World Games in Anchorage, Alaska. Egdorf will perform a solo number and with the Junior Synchronized Skating Team during the Blue Mound Figure Skating Club’s annual Ice Show at the Blue Mound Ice Arena Saturday.

By John Rittenhouse
Many of the approximately 130 skaters participating in Saturday’s 12th annual Ice Show have been through the routine before.

They started practice in late October to prepare for different skating events the club participates in around the Twin Cities area from November through March.

When February rolls around, the local skaters switch their focus to the Blue Mound Figure Skating Club’s annual program, which serves as the grand finale to the club’s winter season.

There will, however, be at least one skater making her first appearance in BMFSC’s Ice Show, "Skating Through TV-Land."

Erika Egdorf, 23, will perform a solo number along with taking the ice with the Junior Synchronized Skating Team.

It will be the first time Egdorf has performed at the Blue Mound Ice Arena, and she’s looking forward to the opportunity to entertain a local crowd.

"I’m excited about the show," Egdorf said. "Today (Monday) is my last day of practice before the show, and I like to skate. I just like everything about skating."

Egdorf shares the same passion for the sport as many skaters in the club, but she is a unique member.

With Downs Syndrome, she will be the first skater with the disability to participate in the annual Ice Show.

"She skates very well," said Mary Tilstra, director of the BMFSC. "Erika will show more than just the basic skills in our show. She skates with our JSST, and she does her own program with jumps and spins."

"She does well," added Jolene Henning, a coach for the BMFSC. "She takes lessons at the Freestyle 2 level, and she’s always smiling. She really hams it up on the ice."

Egdorf is an experienced skater with a successful background in the sport.

Erika’s mother, Signe Underwood, a nurse at the Worthington Hospital who moved to Luverne with her daughter in September, said Egdorf has been skating for 10 years.

Egdorf took up skating while in school in Wenatchee, Wash., where she eventually joined a club much like Luverne’s BMFSC.

When she won a Gold Medal at the Minnesota 2003 Special Olympic Winter Games in Chaska for her performance Feb. 28, it was Egdorf’s latest of many triumphs on the ice.

"Erika has won many, many, many medals," said Underwood, who was born and raised in Worthington. "She absolutely loves skating, and she has won medals every year since she started skating 10 years ago. She has competed against non-disabled kids and has taken home first-place trophies."

While past success has fueled Egdorf’s passion for skating, Underwood feels the sport has helped her daughter overcome insecurities that can limit people with Downs Syndrome.

"A person with Downs Syndrome can have a wide range of disabilities. Erika’s is considered to be mild. She’s very high functioning, and she lives with two other girls in their own apartment. They do have a helper who comes in to check on them, but they live independently," Underwood said.

"Skating has been a big part of her life, and it has helped her tremendously. Skating has absolutely transformed her personality and confidence over the years."

Skating will be a big part of her future, too.

Egdorf received a taste of national competition when she skated at the Special Olympic 2001 Winter World Games in Anchorage, Alaska, placing fifth at the event.

Next year will be a qualifying year for the 2005 Games in Nagano, Japan.

"That’s the one we’ll be working on next," Underwood said.

By John Rittenhouse
Three members of the Blue Mound Figure Skating Club won event titles at the Blades of March competition staged at the Parade Ice Garden in Minneapolis Friday and Saturday.

Stacy Burmeister, Katie Dooyema and Shelby Kingery, three of BMFSC members to compete individually in Mineapolis, secured event titles.

Burmeister, an entry in the Freestyle 5 division, took top honors in compulsory and the couples spotlight high event with teammate Katie Dooyema.

Burmeister also placed second in free style program, third in footwork program and fourth in jump and spin with teammate Dooyema.

Along with the places she earned with Burmeister, Dooyema won the freestyle program in the Freestyle 4 division.

Dooyema also placed second in compulsory and third in character spotlight.

Kingery, a Pre-Alpha entry, finished first in stroking competition. She also placed fourth in light entertainment spotlight.

As well as individual entries, the BMFSC was represented by Silver Spirit Senior Synchronized Skating Team in the teen division, and the Freestyle 5 Team Compulsories.

Sarah Ailts, Marissa Biever, Callen Bosshart, Morgan Bosshart, Burmeister, Dooyema, Valerie Eitreim, Krissy Eitreim, Sandy Gertz, Jamie Hamilton, Sabrina Kingery, Kim Rockman, Lindsay Rust, Jessica Willers, Nicole Willers and Gina Wolf placed fourth in the synchronized team event.

Ailts, Biever, Burmeister, Dooyema, Krissy Eitreim and Nicole Willers placed sixth in the team compulsories.
Here is a look at the rest of the individual performances turned in by BMFSC members at last weekend’s competition.

Freestyle 6
Val Eitreim, fifth in compulsory and freestyle program.
Sabrina Kingery, third in footwork, and fifth in compulsory and freestyle program.

Freestyle 5
Krissy Eitreim, second in compulsory, third in dramatic spotlight and sixth in freestyle program.
Nicole Willers, fifth in free style program, sixth in footwork program and light entertainment spotlight program.

Freestyle 4
Kim Rockman, second in compulsory and fifth in freestyle program.
Jessica Willers, second in light entertainment spotlight program and fifth in compulsory.
Marissa Biever, third in free style program, fourth in footwork program, fifth in dramatic spotlight program, sixth in compulsory.
Sarah Ailts, fourth in spotlight light entertainment.
Alicia Kuhle, third in compulsory and fourth in freestyle program.

Freestyle 1
Gretchen Schneekloth, second in footwork program and couples spotlight with Brianna McCarthy, third in character spotlight program, fourth in freestyle program, fifth place compulsory and fifth in jump and spin with McCarthy.

Delta
Brianna McCarthy, second in couples spotlight low program with Gretchen Schneekloth, fourth in light entertainment spotlight program, fifth in jump and spin with Schneekloth.

Alpha
Tommy McCarthy, third in light entertainment spotlight program.
Katelyn Breen, second in program.

The Senior Synchronized Skating Team will perform during Saturday’s Blue Mound Figure Skating Club’s Ice Show at the Blue Mound Ice Arena. Team members are (front) Sabrina Kingery, (Row 2, from left) Stacy Burmeister, Katie Dooyema, Jamie Hamilton, Nicole Willers, (Row 3) Val Eitreim, Callen Bosshart, Krissy Eitreim, Marissa Biever, Morgan Bosshart, (Row 4) Jessica Willers, Lindsay Rust, Kim Rockman, Sarah Ailts, Sandy Gertz and Gina Wolf.

By John Rittenhouse
What has become a March ritual will resurface at the Blue Mound Ice Arena in Luverne Saturday.

The Blue Mound Figure Skating Club will present its 12th annual Ice Show at 1:30 and 7 p.m.

According to Jolene Henning, one of the club’s instructors, this year’s program is called "Skating Through TV-Land."

Henning estimates there will be nearly 125 different skaters participating in the show, which consists of 35 different numbers.

The Blue Mound Figure Skating Club begins its season in October, and some of the skaters perform at different competitions starting in November and ending in March.

Club members, who range in age from 5 to 18, begin their preparation for Skating Through TV-Land in February.

They hail from towns representing the surrounding tri-state region.

Minnesota members come from Luverne, Adrian, Hills, Beaver Creek, Ellsworth, Magnolia, Hardwick, Lismore, Worthington, Reading and Edgerton. South Dakota club members come from Garretson, Valley Springs, Brandon, Humboldt, Hartford and Sioux Falls. Skaters from Rock Rapids represent Iowa.

Club members skate in 16 different groups, which are based on the skill level of the individuals. Each group performs one number during the show. Local skaters will perform five solo numbers and four duets.

Other fan favorites in past years, a father-daughter number and a number featuring hockey players and BMFSC members, will be a part of the show. The Senior and Junior Synchronized Skating Teams also will perform.

As in past years, the Ice Show has attracted a Special Guest Skater.

Ashley Pralutsky, a junior at Fridley High School, will appear in Saturday’s shows.

Pralutsky, who has been skating since age 3, skates at the Freestyle 8 level. She will perform two numbers for each show.

Tickets for the show can be purchased at the door. Prices are $6 for adults and $3 for students between the ages of 3-18.

Ellsworth seniors Blake Brommer (35) and Brant Deutsch (33), pictured boxing up Adrian’s Brent Block during Thursday’s South Section 3A Boys’ Basketball Tournament semifinal-round game against Adrian in Worthington, helped the Panthers shut down Southwest Christian during Saturday’s championship game in Marshall. Ellsworth limited SWC to four field goals and 15 points in the second half of a 50-45 EHS victory. The win gave the Panthers their first post-season tournament title in school history, and gave them a berth in today’s Section 3A Championship game against Wabasso in Marshall.

By John Rittenhouse
The greatest run in the history of high school basketball in the state of Minnesota came to an end Saturday at Southwest State University in Marshall.

Southwest Christian had won 30 straight post-season games while winning an unprecedented four consecutive Class A state championships. But the Edgerton team was knocked off its lofty perch by Ellsworth during the championship game of the South Section 3A Boys’ Basketball Tournament.

Ellsworth, which trailed by as many as five points in the game’s first half, gained a lead early in the third quarter and never let it go while nailing down a 50-45 victory.

The win gave EHS its first post-season tournament championship in the history of the school, and sends the Panthers into today’s Section 3A championship game at SSU.

The 26-2 Panthers play 22-6 Wabasso, which won the North Section 3A title with a 67-53 victory over Canby, at 5:30 p.m. Saturday in Marshall.

Although EHS does have an important game to play tonight, Panther coach Ken Kvaale spent some time reflecting from his rural Ellsworth home Sunday night on what his team accomplished Saturday.

"This is our time," he said. "We knew about SWC’s 30-game (post-season) winning streak, and not to be arrogant about it, we wanted to do something about it. To be honest, I had some concerns about the game. We’re a team that plays six deep off the bench. SWC is a deep team that plays 10 or 12 players, and they have all that experience. But this is our time, and it has been a precious time for all of us."

As impressive as SWC’s recent history has been, the Eagles had to be considered the underdog in Marshall Saturday.

SWC used a 9-0 run to snap a tie midway through the fourth quarter of last year’s South Section 3A title game and posted an 80-74 victory over the Panthers. The Eagles entered this year’s tournament as the No. 3 seed, but Ellsworth, which beat SWC 57-49 when the teams met in Ellsworth Dec. 5, was seeded No. 1 based on its performance during a 23-2 regular season.

The Eagles, however, played like they were not ready to give up their throne.

SWC scored the game’s first five points before Ellsworth countered with a 5-0 run featuring a field goal from Curt Schilling and a three-point play by Dylan Kvaale to tie the game at five.

The score was tied at seven when SWC scored four straight points to gain an 11-7 edge, but the Panthers used a free throw from Brant Deutsch and field goals from Schilling and Travis Jenniges late in the first quarter to give EHS a 12-11 lead at period’s end.

Ellsworth led 17-14 after Deutsch converted a field goal during the second quarter before the Eagles put together a 7-0 run to gain a 22-17 advantage.

The Panthers trimmed the difference to one point two different times as the period progressed, and knotted the score at 28 with a field goal from Kvaale. SWC, however, scored the final two points of the first half to take a 30-28 halftime lead.

Ellsworth regained the lead for good (34-30) when Kvaale drained a three-point shot and Schilling converted a three-point play in the early stages of the third quarter.

SWC pulled within two points (36-34) as the period progressed, but a field goal by Jenniges was followed by a steal and a layup from reserve Tom Janssen, giving Ellsworth its biggest lead of the game (40-34) at period’s end.

The Eagles scored the first two points of the fourth quarter before EHS countered with a 6-0 surge, featuring a pair of field goals by Schilling and two free throws from Deutsch to open a 46-36 cushion.

A pair of three-point shots by SWC’s John Top, the last one coming with 18 seconds remaining, highlighted a 9-2 surge by the Eagles that ended with the Panthers clinging to a 48-45 lead.

Jenniges, however, ended any thoughts of a SWC rally when he capped the scoring with a late layup to ice the game.

A strong defensive effort by EHS in the second half was one of the keys to victory.

After SWC made 13 of 24 field goals (54 percent) while scoring 30 points in the first half, EHS clamped down on the Eagles by limiting them to four of 24 (17 percent) from the floor and 15 points in the second half.

"Our man-to-man defense definitely was a key. We played extremely well defensively," coach Kvaale offered.

Schilling led the Panthers in the game with 21 points and nine rebounds. Dylan Kvaale added 12 points, eight rebounds and seven assists to the winning cause. Jenniges and Deutsch charted seven and six rebounds respectively. Janssen charted four steals.

Ken Kvaale expects an equally tough challenge from Wabasso, the No. 1 seed from the north. The coach has seen the Rabbits play three games this season, and he respects what they will bring to the court.

"They are a very intense team that likes to press here and there. They have good balance as a team, and they have some good shooters. It should be an excellent match-up," he said.

"The key for us will be to keep doing the things we have been doing all year. We need to play our game, protect the ball and play intense Panther basketball."

Box score
Schilling 9 0 3-5 21, Kvaale 4 1 1-2 12, Deutsch 2 0 4-6 8, Brommer 0 0 1-4 1, Jenniges 3 0 0-0 6, Janssen 1 0 0-0 2, Myhrer 0 0 0-0 0.

Team statistics
Ellsworth: 20 of 52 field goals (38 percent), nine of 17 free throws (53 percent), 28 rebounds, 10 turnovers.
SWC: 17 of 48 field goals (35 percent), three of five free throws (60 percent), 17 rebounds, 13 turnovers.

By Sara Strong
If all goes as Sioux Valley plans, Luverne could have a new hospital and clinic by the end of 2006, at a total cost of $17.8 million.

Administration from Sioux Valley Hospitals and Health System gave a formal presentation to the Luverne City Council Tuesday.

The Council will discuss the presentation — and what Sioux Valley is requesting — at later meetings.

As a part of the project, Sioux Valley requests that the city of Luverne purchase the existing hospital for $825,000. (The clinic is still being considered by the county for a possible purchase.) Sioux Valley also asks that Luverne grant it $1,657,000 and loan it $1 million.

Even though drawings and numbers are drafted, the project is still in its planning and development stages.

Sioux Valley has already announced it chose north of Luverne for the location. The property abuts the Veterans Addition to its south, Highway 75 on the west, Blue Mound Avenue on the east and the gravel township road on the north.

A combined clinic and hospital site is estimated to be 78,000 square feet, increased from the current 42,000.

Site preparation could start as early as September 2003.

The city of Luverne would have some sewer, water and electric work to do as well. Water pressure on the north edge of town is already an issue, so the city will have to account for that.

Actual construction could begin in the spring of 2004 and be complete late in 2006.

Why help a big system?
Greg Burger of the Rock County Economic Development Corporation, said people have questioned the need to help a health system as big as Sioux Valley, which presumably has deep pockets.

Burger said, "We ought to be more than willing to do that, in fact, we have to be willing to do our share."
Burger said that it’s important to remember that before Sioux Valley became a partner in Luverne’s health care system, the local hospital had no option of expanding services or space, and wasn’t turning a profit.

"Sioux Valley came up to the plate and effectively became a partner when it bought the hospital," Burger said.

Steve Perkins is chairman of the Hospital Board. He reminded the council of the Minnesota Veteran’s Home move to Luverne, when the city contributed more outright than it would for the new hospital and clinic project.

Perkins said, "What would happen if we didn’t? They’re still investing $13 million in the community — this kind of Christmas doesn’t come around very often."

Besides the initial investment of a new facility, Sioux Valley estimates hiring more employees, increasing payroll by $2 million.

Looking ahead
Jerry Carl, CEO of Luverne Community Hospital, said patients and physicians have noticed problems within the current facility for some time, mostly in lack of space and privacy.

The project would:

Include more space dedicated to outpatient services to reflect the trend in services.

Fix code issues such as heating, ventilation and air conditioning.

Make patient flow more efficient, keeping inpatient and outpatient services separate.

Improve patient confidentiality and privacy by increasing the number of private rooms and keeping outpatient traffic out of the inpatient areas. Rehab, for example, is spread over five locations in the current hospital.

Add a CT unit. Currently a mobile CAT scan comes to the hospital, limiting access for patients. Carl said, "We really need to have that for doctors, it’s an extremely important diagnostic tool."

More than double the number of clinic exam rooms and allow more space for specialists. The clinic space itself would increase by 7,000 square feet.

The ambulance station isn’t a part of the proposed move to the north of town. The space is adequate where it is and the crew favors the central location for good response times.

In the past, renovation was a serious consideration, but that would take an estimated five years and not add as much space or customer convenience as a new construction, Carl said.

A renovation of the current site would also limit future growth and could cause a loss of patients during renovation because of the inconvenience.

By Sara Strong
Netbriefings owner Gary Anderson told the Luverne Economic Development Authority that he wished he had better news Tuesday.

The Internet Webcasting company has been without employees in Luverne for a while and has reduced its Twin Cities office to six people, including Anderson.

He said, "Customer acquisition is way slower than I like it, so we need to get new customers and keep the ones we’ve got."

The report to the LEDA was necessary because the city loaned the company $250,000 in November 2001.

As a part of that loan agreement, the company should have had five employees by its first anniversary in Luverne.

As a Webcasting company, Netbriefings streams live audio and video for businesses wanting to have meetings in different locations. The company can also archive the meetings for companies that may have employees who need to catch up.

Sales and consulting services had a good month in January, so Anderson is hopeful the business will turn around for the better.

"2002 was a tough year," he said.

Anderson added that the overall economy is sluggish and that he believes the need for his company will grow.

LEDA director Dan Statema asked Anderson to estimate when jobs in Luverne might reopen. Anderson said his guess was later in 2003 by the earliest.

"We’re not doing as good as we should, but we’ll be here," Anderson said.

As a part of the loan agreement, the first two years of the loan were at 0 percent interest, with payments deferred. (At the time the LEDA reasoned that because the first two years of a company’s existence is so crucial, stopping interest accumulation and deferring payments would help ensure that the business stays in Luverne.)

The LEDA has the right to declare default on the loan agreement, and the balance of the loan would then become due and payable at an interest rate of 12 percent.

New building project
The LEDA Tuesday approved a $3,500 grant under the Residential Backfill Program. Marie Frakes and Sam Berghorst applied for the grant to prepare the lot at 122 West Warren St. for new construction of a triplex. It will be similar to one neighboring the property and will include a courtyard between them.

The LEDA budgets for one Backfill grant a year, which is paid in full only after the new construction takes place.

There was some discussion about waiting until state aid to the city is decided before spending more money. But because it was already in the budget, the LEDA voted unanimously to continue with the project.

LEDA member Nate Golla said, "It might be worth it to have some new construction going on."

Enterprise zone
LEDA President and Luverne Mayor Glen Gust reported that the Enterprise Zone legislation just made it out of a House Committee. It’s a step in the right direction, Gust said, but there’s still more phases to complete before the legislation passes.

By Lori Ehde
This will be a big weekend for Glen Gust and his Glen’s Food Center employees.

The store will close doors on its current Lincoln Street location at 6 p.m. Sunday and will reopen Monday morning in its new building two blocks south in the former Jubilee Foods building.

Although Tony Bosch built the new Jubilee store only 2 1/2 years ago, Gust invested a significant amount of remodeling into the building to suit his needs.

For example, the Jubilee deli didn’t have a bakery, since most of its baked goods were prepared off site and brought in.

So, the biggest project was remodeling the deli and adding a bakery to the location.

One other physical change will be a new entrance directly into the deli. Gust said the entrance will be convenient for the deli customers and it will free up parking space for grocery customers near the main entrance.

In addition, Gust removed the Jubilee checkout counters, which required customers to unload their own carts. Glen’s checkout counters, which are cashier unloaded, will replace them.

Other transitional issues include signage and repainting the store to the Affiliated Grocers colors, and restocking the store so items will be on the same shelves as they were in the former Glen’s location.

Along with expanding from roughly 20,000 to 30,000 square feet, Glen’s shoppers will also benefit from the larger parking lot at the new location.

"It’s been a lot of fun," said Gust, who’s been working 4 a.m. to 9 p.m. most days the past few weeks.
"The challenge for us was to get into the new facility as soon as we could, because we knew our existing facility and parking couldn’t handle it."

He said he looks forward to next week, when the move is complete.

"Everyone who works at the store has been real happy about taking care of our customers," Gust said.

"And we’re ready to get into that bigger store. It’s going to be great."

Lori Ehde
The wheels of justice are grinding slowly in the lawsuit brought by Glenn, Mabel, Loren and Mark Overgaard against Chad and Scott Overgaard, Overgaard Pork.

Among the most notable developments in the past week, plaintiffs have indicated they will dismiss County Commissioner Bob Jarchow as a defendant in the case.

"This came about because the attorneys for the plaintiffs realized there was no evidence against Mr. Jarchow," said attorney Scott Anderson, Minneapolis.

Anderson represented Jarchow through the Minnesota Counties Insurance Trust, of which Rock County is a member.

"They indicated they would voluntarily dismiss him upon our request," Anderson said.

He said the other defendants named in the case also moved to have the lawsuit thrown out of court.

In addition to Overgaard Pork, those defendants include former Rock County Feedlot Officer John Burgers, Rock County Board of Commissioners and Schwartz Farms, which owns the animals Overgaard Pork raises.

Background
The lawsuit, filed March 19, 2002, alleges that the defendants conspired to help Chad and Scott wrongfully obtain a hog feedlot permit to build a 3,200-head hog setup about a half mile from Glenn’s property in the fall of 2001.

Glenn protested the permit throughout its process in the county.

The suit claims the defendants didn’t act according to law when permits for a feedlot were granted.

And beyond that, according to the suit, they falsified records, acted with conflicts of interest, engaged in inappropriate conduct and aided in polluting the plaintiffs’ land, air and water.

The county’s response has been that it acted properly in the permitting process and that the lawsuit has been "brought for an improper purpose."

The plaintiffs are suing for monetary damages exceeding $50,000, which is standard in state cases.

New information
Attorneys for the defendants have argued there’s no legal or factual basis for the claims.

Plaintiffs indicated last week they would voluntarily dismiss:

The conspiracy claim against all the defendants was dismissed for lack of evidence.

The RICO claim was also dismissed. It was brought based on the Racketeering Influenced and Corrupt Organization Act, alleging there was some criminal activity afoot.

The MERA claim, brought based on the Minnesota Environmental Rights Act, was also voluntarily dismissed by the plaintiffs.

In letters sent last week, attorneys for all the defendants have moved for the court to enter judgment in their favor — to throw out the case.

The plaintiffs have also filed a motion for the courts to enter judgment in their favor.

Punitive damages
Meanwhile the four Overgaard plaintiffs have moved to amend their complaint to assert a punitive damage claim against their cousins, Chad and Scott Overgaard.

Such claims are typically meant to punish defendants beyond compensating plaintiffs in lawsuits.

Chad and Scott Overgaard’s attorney Larry Maloney, Minneapolis, has brought a counter motion, alleging that the motion to amend is brought in bad faith and without proper support, and is requesting an award for attorney’s fees for having to defend a frivolous motion.

Twists and turns such as these can add up to hefty legal costs on both sides, and sometimes the outcome is determined by which side runs out of money first.

To cover its legal expenses, the county submits claims to MCIT, Anderson said, but not all the defendants have that option.

"I feel really bad for Chad and Scott Overgaard. They’ve had to pay their own expenses all along," Anderson said.

"This isn’t necessarily my own opinion, but some people might believe that part of the purpose in bringing the lawsuit and all its amendments is to actually force young agricultural animal producers like Chad and Scott to go out of business."

Attorneys will exchange all paperwork and file documents in U.S. District Court, Minneapolis, in the next three to four weeks.

Judge Donovan Frank will likely hear arguments by mid May, but a judgment won’t likely be rendered for several months after that.