A nine-year pursuit to recoup flood damages from the Grand River Dam Authority ended Tuesday in what appears to be a settlement.
Jurors were dismissed shortly after 1 p.m. with no explanation of why their services were no longer needed in the case of Jack and Rosemary Dalrymple vs. GRDA.
Associate Judge Robert Reavis thanked the 12-member panel as he excused them on the second day of trial.
A gag order has been issued, therefore, details of what appears to be a settlement have not been disclosed.
The Dalrymples testified in the case which they filed jointly in 1998 after more than 14 floods events inundated their property with water between November of 1992 and July of 1995.
Through prior litigation in a class-action flooding lawsuit led by the Dalrymple case, the court established that the Grand River Dam Authority is responsible for paying damages caused by the repetitive flooding attributed to the existance of the Pensacola Dam.
On Monday, Reavis ruled that the court would only consider evidence of damages that occurred above the 760 base flood elevation as a direct result of dam-related flooding.
The ruling forced the Dalrymples' counsel to focus its efforts on a small percentage of the estimated $1.6 million in damage claims regarding the couple's pecan-growing operation, property, cattle, hay and seed storage.
Reconfiguring the damage estimates to comply with Reavis' order, the Dalrymples and their counsel reduced damages to approximately $121,350 - about 11.9 percent of the initial damage estimate.
Jack Dalrymple testified that he “absolutely” believed that the duration of flooding and the estimated 162 million gallons of water that repeatedly exceeded GRDA easements damaged hundreds of pecan trees from his orchard, led to the death of livestock, ruined stored grain and seed, damaged fence lines, caused soil erosion and destroyed winter storage crops.
Before defense attorneys could cross-examine Jack Dalrymple, the court recessed for lunch.
After court reconvened, the jury was dismissed and proceedings were stopped