Casebolt’s lawsuit against Daily Press dismissed

MONTROSE — Steven Casebolt’s lawsuit against the Daily Press was dismissed with prejudice in a ruling issued Friday.

Judge Dennis Friedrich granted the Daily Press’ motion for summary judgment in the suit, finding no genuine issue of material fact concerning the article in question.

“The only remedy would be an appeal,” Daily Press attorney Tom Kelley said Friday. “We’re pleased the court resolved the matter expeditiously and fairly.”

Casebolt owns Elizabeth Mining and Development Company, which came under investigation earlier this year for alleged hazardous waste violations.

Casebolt sued the paper over its coverage of the investigation and related issues. He took issue with the headline of a March 4 story about prior legal issues involving his companies.

However, Friedrich found that Casebolt hadn’t taken issue with statements in the article itself. “...the only challenge is to the headline, which repeats statements contained in the article,” he wrote.

He also found “no material fact at issue” concerning the portion of the article that was the basis of the headline.

The article read, in part: “Hi-Tech Metals refiners on Bill Road in Montrose was ultimately declared a Superfund site...”

“Plaintiff does not contest that he was in fact a principle of Hi-Tech Metals,” the ruling read. “There appears to be no material fact at issue with regard to the proposition in the body of the article that (Casebolt) was a principle involved with Hi-Tech Metals, that Hi-Tech Metals operated on Bill Road in Montrose, that ultimately the Bill Road site was determined and declared to be a Superfund site.”

Friedrich also pointed out that Casebolt was not financially responsible for the clean up at the Bill Road site, which was clearly stated in the March 4 article.

“The court finds...the statements contained in the article are not being challenged and that the only challenge is to the headline which repeats statements contained in the article.”

The ruling constitutes the final order and judgment and Casebolt’s action was dismissed with prejudice, Friedrich wrote.

Both the Daily Press and Casebolt were to assume their own costs and fees.