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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Trial is legal surgery, the narrowest specialty, and it requires unique skills. Our clients want our service and hope they never need it again- like surgery.

USDA NAD Erosion Case Goes to Trial.

One of Northwest Iowa's largest farmers, and a leader at "no-till" farming methods, finds himself in a precarious position with the USDA. The farmer has been excluded from the Federal Farm Program's essential benefits. Without them, farming is virtually impossible. Yet, when the Northwest Iowa farmer agreed to operate land owned by a former controversial executive of a major Sioux City, Iowa area employer, he became an immediate target of controversy and regulatory focus.

After hard work to develop Loess Hills Lands in Monona, Woodbury, and Crawford counties, with great success, USDA regulations ensnared the farmer.

"I tried to keep contact and excellent communication with USDA offices. My goal was to work closely with the government, keep it informed, and show its efficiencies and how no-till farming could protect Iowa soils," the Farmer said. Yet, legal proceedings were initiated by the government claiming non-compliance occurred. The assigned remedy was Farmer's exclusion from the farm program, which may mean Domina Law's client's exclusion from farming.

With the Farmer's business on the line, this landlord and farm manager contacted their local counsel, who surveyed legal ranks for the appropriate representation. Domina Law Group pc llo was chosen.

"We know we need strong representation, with a thoughtful view about farm-ag relations and the ability to work through these complex and unusual issues," the Farmer said.

"Case proceeding to trial during the first week in October is extraordinary," Dave Domina said. Cases like this are threatened but not tried - particularly where, like here, the land demonstrates no adverse affect from the farming methods. "In fact, the land has been well preserved."

Domina and Michael Stumo, preparing the case, engaged expert witnesses, interviewed neighbors, farmers, former employees and others. "We are prepared to put on a strong case of compliance with all regulations. More importantly, we'll prove that Northwest Iowa's Loess Lands are being farmed with the best of conservation techniques," Domina concluded.

October 5, 2005
David A. Domina

Domina Law Group pc llo is a firm of trial lawyers. We specialize in complex litigation on a national basis. Our lawyers are ethical, aggressive, and committed to providing spirit and vitality to the judicial system and our client’s legal rights.

Categories: Agricultural Law

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