The United States Court of Appeals for the Eighth Circuit affirms the dismissal of fraud claims made against Dakota Access.
The case was appealed after U.S. District Court judge, Daniel Hovland, dismissed the claim that landowners in Morton County were persuaded through misrepresentations to sign contracts to allow the construction of the Dakota Access Pipeline across their properties.
“Plaintiffs allege they were all offered the same price,” said the opinion written by three appeals judges.
Landowners claim Dakota Access told them the best price anyone would receive in Morton County for a 16.5 foot unit of pipe on their property would be $180.
Dakota Access was accused of saying they’d take landowners properties through eminent domain if they refused to sign the contract or move the pipeline, so they all signed.
Three landowners negotiated $400 per unit of pipe. The suit was brought to the court because landowners found out some people received nearly $2,000 for the same thing. The landowners claimed fraud but were unable to state with “particularity the circumstance constituting fraud.” That’s when Hovland dismissed the claims.
The U.S. Court of Appeals says the case brought to them in October was properly dismissed by the district court.