Defendants claim ‘victory’ over Sabal Trail

VALDOSTA — Defendants who took officials with the Sabal Trail natural gas pipeline to court seeking reimbursement for easements and timber charges claimed a resounding victory Tuesday in a trial before the U.S. Court for the Middle District of Georgia.

The jury deliberated a bit less than an hour, delivering a ruling of $103,385 for easements and $4,531.50 for timber. The figures offered by Sabal Trail were $19,979 for easement and $4,117 for timber. Claimants in the case were Fred Jones and Lynn Lasseter.

The pair were represented by attorney Jonathan Waters.

“When Sabal Trail goes to jury trial, it loses,” Suwannee Riverkeeper John S. Quarterman said after the verdict was announced.

This jury verdict is similar to the five-times easement award by a jury in the Middle District of Florida in March.

The jury today made this award even though Clay D. Land, Chief U.S. District Judge for the Middle District of Georgia, did not let the defendant’s attorney talk about sigma or market devaluation or safety or environmental issues.

When Waters in his initial remarks started to talk about how Sabal Trail claimed its pipeline is for public benefit, yet even FERC’s permit admits it is purely for profit, the judge cut him off and said the jury couldn’t consider that issue and must focus only on fair market value, which is the only subject of this trial.

Waters noted that plaintiff’s attorney, Matthew Calvert, did talk about environmental issues in his opening statement, but Land said that was not admissible either, and nobody could talk about any of those things.

Calvert swore in a witness whom he claimed would testify” exactly the same as a different witness Waters had deposed.” Land said that if the witness could schedule being deposed, he could schedule showing up as a live witness. Eventually the judge ruled, “This witness shall not be allowed to testify.”

Land also did not let the defendant Lasseter, who is from Moultrie, testify about market valuation, and he did not let the defendant’s appraiser, Jeane Easom of Macon, testify at all.

Plaintiff’s appraiser, J. Carl Schultz of Atlanta, testified at length. Plaintiff’s attorney in his summation pointed to a filed document that showed about $11,000 paid to Shultz’ firm for three appraisals. Defense attorney Waters in his summation made hay of that: “$11,000 times 40 appraisals is about half a million dollars, far more than ever offered to the defendant.”

After the jury gave its verdict and the judge dismissed them, Land discussed next steps with the attorneys and decided to have the Clerk of Court enter a standard judgment. This appears to mean Sabal Trail should pay the amounts awarded by the jury and get title to the easement. The judge noted he expected post-trial motions or appeals. Both attorneys said they would consult with their clients. Waters said that his clients did not waive their right to appeal.

Land said he wanted to combine all the other four cases into one and try it in Valdosta in September, starting shortly after Labor Day. Calvert noted he had different expert witnesses for different cases. The judge said he wanted to avoid going through Voir Dire four times. Waters suggested Voir Dire for a large pool of jurors, then selecting a jury for each trial, one by one. The judge said he would consider that and asked the attorneys to check their calendars for September.

The remaining defendants include Sandra Y. Jones of Moultrie, whose husband Fred Jones attended the Valdosta trial.