Mark A. Dickey, Trustee of Mark A. Dickey Revocable Trust, Mark A. Dickey, and Elizabeth Dickey v. Mitch B. Naeve Revocable Trust, Rebecca J. Naeve Revocable Trust, Blake Naeve, and MBN Farms, Inc.
|
|
|
| Case Name: | Mark A. Dickey, Trustee of Mark A. Dickey Revocable Trust, Mark A. Dickey, and Elizabeth Dickey v. Mitch B. Naeve Revocable Trust, Rebecca J. Naeve Revocable Trust, Blake Naeve, and MBN Farms, Inc. |
| Case Number: | EQCV019198 |
| Date of Trial: | 11/06/2025 |  | Venue: | Humboldt County |
|
| Casetype/Claims: | CIVIL EQUITY - OTHER REAL PROPERTY |
|
| Judge: | Derek Johnson |
|
| Plaintiff's Counsel: | Ernest M. Kersten | | Defendant's Counsel: | Joel T.S. Greer |
| |
| Verdict: | For Plaintiff
Damages: $22,204.00
Damage to Fish: $12,204.00
Loss of Use of Property: $10,000.00 |
|
| Demand Before Trial: | |
| Offer Before Trial: | |
|
Statement of Case:
This case involves a dispute between Plaintiffs, Mark A. Dickey, Trustee of Mark A. Dickey Revocable Trust, Mark A. Dickey, and Elizabeth Dickey (hereinafter “the Dickeys”), and Defendants, Mitch B. Naeve Revocable Trust, Rebecca J. Naeve Revocable Trust, Blake Naeve, and MBN Farms, Inc. (hereinafter “the Naeves”). The dispute concerns the alleged release of used motor oil on one occasion and 5,000 gallons of 28% liquid nitrogen on a second occasion from storage containers on lands owned by the Naeves, at 1856 Birch Avenue, Bradgate, Iowa. The Dickeys contend the materials entered tile lines through intakes on the Naeves’ property and flowed through the tile lines to an outlet structure on the Dickeys’ land and then into a pond at 1804 Birch Avenue, Bradgate, Iowa, and caused damage to the pond and the fish in the pond. The Naeves dispute that any discharge occurred (waste oil or 28% nitrogen) and, if a discharge occurred, dispute that it caused any damages to the Dickeys or their lands. The Naeves admit some oil was discharged in their shed that reached a tile into the drainage district tile system but deny that it reached or affected the fishpond, and they admit some quantity of nitrogen was released from their tank and some of it reached the fish pond, but deny the causation and extent of damages. |
| | | | |
| Injuries alleged: | |
|
| Official Jury Verdict Form: |
 Dickey v. Naeve Verdict Form.PDF |
| | | | |
Documents of interest:
(when available) |  Dickey v. Naeve Jury Instructions.PDF |
| | | | |
Back to View
Return to Jury Verdict Home |
Access EDMS for more details on this case.
Disclaimer of Liability: The Iowa States Bar Association presents the information as a service to our members. While the information on this site is about legal issues, it is not legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee concerning the accuracy or reliability of the content at this site or at other sites to which we link. |