Two separate monetary amounts were awarded to plaintiffs in a tort action filed in 2022 following a bench trial held Jan. 13-15 before Carroll County Common Pleas Court Judge Michael V. Repella II.
The ruling in favor of the plaintiffs—Michael and Andrea Talkington of 7325 Heritage Rd., Magnolia—held the defendants, Heartland on Heritage LLC and Petersen Heritage Investments (owned by Dean and Jennifer Petersen of 1250 Bark Rd. NW, Magnolia), liable for absolute nuisance caused by the ongoing operation of the Petersens’ Airbnb and outdoor wedding venue business on their property on the same road as the plaintiffs.
Thus, the court awarded the plaintiffs (Talkingtons) $94,000 for the diminution in value of their real property and $20,000 for annoyance and discomfort damages.
The case involved an original tort action filed Nov. 28, 2022, by the plaintiffs alleging nuisance, trespassing, negligence, and injunctive relief, plus a money judgment in excess of $25,000.
However, during the trial, the plaintiffs dismissed their request for a permanent injunction and their trespass claim in a post-trial brief.
The defendants also dismissed three counterclaims, leaving the court to decide the plaintiffs’ claims for nuisance and negligence, as well as the plaintiffs’ allegations that Dean and Jennifer Petersen should be personally liable for the acts of the defendants’ LLCs, plus a defendants’ counterclaim for frivolous conduct.
During the bench trial, testimony was heard by Judge Repella from three plaintiffs’ witnesses, including Michael and Andrea Talkington and Dan Miller (an expert witness), while the defense provided five witnesses, including Dean and Jennifer Petersen, William Thornton, Jeffrey Smith, and Scott Blair.