A complaint for declaratory judgment and breach of contract has been filed in Wells Circuit Court by Gaiser Farms Inc. of rural Bluffton against the Wells County Board of Commissioners, Mounsey Family Farms, rural Montpelier, and Kurt and Lance Fiechter, rural Montpelier.
The suit claims that Gaiser Farms entered into an agreement with the county to lease farm ground owned by Wells County. One of the provisions of the lease was that the county give a written notice to the tenant — Gaiser Farms — on or before Oct. 1 of the county’s intention to terminate the agreement effective as of Dec. 31 of the initial extension term or as of Dec. 31 of the applicable extension term.
Also the suit claims that any notices were to be given in writing and served on Gaiser or placed in an envelope and mailed directly to Gaiser. Instead, the suit claims that the county did not send the letter to Gaiser until Oct. 6, 2021 — five days beyond the date stated in the contract.
The parcels owned by the county were then sold to Fiechter and to Mounsey as high bidders for the land at a sale Dec. 6.
Gaiser is claiming the county failed to property or timely terminate the lease, and therefore the lease remains in effect for 2022.
In the suit, Gaiser Farms Inc., by counsel, respectfully requests that the court issue a declaratory judgment finding that the lease remains in effect for 2022 The suit is seeking declaratory judgment against the county for Gaiser’s damages, including lost profits and income and for all other just and proper relief deemed appropriate within the premises.
