Judge finds in favor of Union Stockyards' motion on pre- and post-judgment interest

       Judge John Martin has ruled in favor of a motion by Union Stockyards' attorney Tom Tepe for pre-judgment and post-judgment interest in the ongoing litigation between the stockyards owners and the city of Hillsboro.

       Union Stockyards owners Bill and Janet Butler sued the city last year, following city council's passage of an emergency resolution on Oct. 2, 2007, which authorized Mayor Dick Zink to purchase the stockyards property for no more than $325,000.

       The city's legal counsel, Kathryn Hapner, has maintained the purchase agreement was not signed. The Butlers' counsel contends the city had a deal with the stockyards' owners, and the city now wants to renege on its end of the bargain.

       In a memorandum filed Thursday, Nov. 12 in Highland County Common Pleas Court, Martin wrote: "This matter is before the court on the motion of the plaintiff to include as a part of its judgment both pre-judgment and post-judgment interest.

       "As indicated by the affidavit submitted by plaintiff, the defendant made no effort towards settlement of this matter. Such being the status of this lawsuit, the court finds it appropriate to grant plaintiff's motion as to both forms of interest. It is therefore ordered that counsel calculate the appropriate amounts due from the date this matter was initially filed up to the date of judgment, June 19, 2009, and from that date up to the date of this final appealable order, Nov. 23, 2009, and submit the same to this court in final order form for signature prior to the deadline fixed by the Court of Appeals for Highland County."

       In a June 13 decision, Martin ruled in favor of the Butlers and ordered the city to pay $140,000 in damages to the Butlers. On June 19, Hillsboro City Council voted to have Hapner file an appeal of Martin's decision with the Fourth District Court of Appeals.