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Claims against Heritage Foundation Settled and Dismissed

By Eugenia Jones

A civil action complaint filed by DSRR, LLC against the McCreary County Heritage Foundation, Stearns Properties, LLC, and Stearns Properties II, LLC has been partially resolved as claims against the Heritage Foundation have been dismissed with prejudice after DSRR (Diana Sam (Carpenter) Rail Road) agreed to voluntarily dismiss all claims against the Foundation. The claims filed by DSRR against Stearns Properties, LLC and Stearns Properties II, LLC remain. The original complaint was filed in 2017 by DSRR, LLC after the Heritage Foundation terminated negotiations regarding potential sale of the Big South Fork Scenic Railway and lease of the Train Depot and Shop to DSRR.
Although the Stearns Property lawsuit is still pending, Diana Carpenter expressed happiness that part of the civil action has been resolved.
“We are happy with the outcome (with the Heritage Foundation) and glad we were able to settle out of court,” Diana Carpenter remarked on behalf of DSRR.
In an amended complaint filed in June/July 2017, DSRR, LLC sought judgement in their favor against the McCreary County Heritage Foundation Inc., Stearns Properties, LLC, and Stearns Properties II, LLC on eight different counts including breach of contract and unjust enrichment. The complaint centered largely around interpretation of a Memorandum of Understanding (MOU) which DSRR entered into with the Foundation and Stearns Property 2 on December 13, 2016.
While the current McCreary County Heritage Foundation Chairperson JC Egnew was currently unable to comment on the status of actions against Stearns Properties, he did react positively to the resolution of action taken against the Foundation.
“We are very pleased to have the DSRR lawsuit against our McCreary Heritage Foundation settled,” Egnew remarked.

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