Letter to the Editor: Judge Barger gives the green light for Hill County Electric to destroy your property

Dear editor,

Everyone remembers the big winter storm that swept across north-central Montana in 2017. Like everyone else, my residence was without power for days and my driveway was drifted in within minutes of plowing. I, however, incurred property damage when Hill County Electric crossed my property to restore power on someone else’s property.

Now, given the circumstances, yes, we all need to work together in this kind of event to get everyone’s power restored. I had no problem with them crossing my property to do what they needed to do. The problem I have had with HCE is getting them to fix the damages they caused to my fence and the massive ruts they left in the field. HCE repaired the fence, however they could care less about the ruts they made in the field and the effects the soil disturbances have on growing crops.

To try to resolve this situation, I tried working with HCE to get them to fix their ruts. HCE, however, refused to repair their damages. I was left no choice but to utilize my time and resources to repair the damages prior to planting my spring crop. I submitted an invoice to HCE and they in turn submitted it to their insurance company who refused to pay face value.

I have made two attempts to get this case heard in Justice Court, however, both attempts were dismissed by Judge Audrey Barger before it could get to trial. The first dismissal was because I used the word “trespass” in my complaint. The second dismissal stated I did not state a claim upon which relief may be granted. Thus, leaving me confused: Does our justice system need an overhaul to protect the little guy? Or do the voters in this county need to elect more-competent judges?

On another note, we have a local co-op that went out of its way to pay thousands of dollars to lawyers in Billings. I can guarantee, HCE has paid almost twice what I have asked to fight this complaint. Is this good customer service? Is this good use of the co-op dollars? Is HCE a company we should continue to do business with?

Regardless of the situation, if anyone causes damage to your personal property, they should be required to fix it. Common sense, right? However as the title says, “Judge Barger gives the green light for Hill County Electric to destroy your property.”

Sincerely,

Kyle Austin

Havre