The trial involving a local cattle farmer against the owners of the Westwood Village apartment complex in Magnolia enters the third day today in Columbia County Circuit Court.
William R. (Rusty) Hayes and Dina Hayes are suing Katherine Lett-Montgomery and Mary Williamson, both of California. In the suit, filed July 28, 2010, Mr. and Mrs. Hayes allege that Montgomery and Williamson have allowed the property to deteriorate to such a degree to that it has adversely affected their property and business.
According to court documents, Mr. and Mrs. Hayes are seeking judgment against the defendants totaling $1,200,000, in addition to punitive damages including attorneys fees and costs.
Circuit Judge David Guthrie is presiding.
On Wednesday, Rusty Hayes detailed his cattle operation on the Burnt Bridge Road, which joins the Westwood Village complex at 1032 Mullins St.
According to court documents, Montgomery and Williamson took over the property in 2005. Hayes said the condition of the property has declined and there have been problems with trespassing onto their property, items have been stolen, and trash and other debris have been dumped onto the Hayes’ property. In June 2010, their daughter’s horse was shot and killed. Hayes became emotional as he described the death of the horse, calling this incident “the final straw.”
He stated that he had become concerned about the safety of himself and his family at this property.
In her testimony, Dina Hayes described how in late 2005 and into 2007 and 2008 “slowly trickling problems” began. From 2007 to 2010, she said, “the increased crime over there just instilled fear in me. I didn’t feel comfortable going out there. I didn’t feel comfortable with Rusty being out there on a day to day basis. I did not feel comfortable taking my daughter out there.”
“We do not go there, enjoy that property like we used to, and we do not do the business we used to do out there,” she added.
When the horse was killed, Mrs. Hayes testified that she contacted Williamson and informed her of the shooting incident. Mrs. Hayes said she told Williamson “I expect you on the next plane to Magnolia,” and asked her about going door-to-door in the complex to find the guilty party. She stated that Williamson replied “I am not going in without police assistance and I don’t recommend you do that either.” Mrs. Hayes said she later reached Peggy Morris, manager at Westwood Village, but Morris told her that going door to door was not her job.
Testimony was to continue this morning, and the trial is expected to conclude today.