The city of Marthasville and custom machining manufacturer Schwoeppe Enterprises have agreed to settle a land use lawsuit that’s been simmering in court since 2017, resulting in some financial concessions to the city.

The legal dispute was over land that sits between the city’s 30-acre water retention basin and the Schwoeppe Machine & Tool facility, both located along Highway O at the north end of the city.

According to Warren County Court records, Schwoeppe filed a lawsuit in 2017 complaining that Marthasville was attempting to enforce a water flow easement on a neighboring property that Schwoeppe had purchased in 2016, intending to expand its facility to the north. Schwoeppe had argued that the city’s water easement with the previous landowner was invalid because of how the easement was worded.

In a counterclaim against Schwoeppe, the city government stated that it had acquired the water flow easement in 2013 for a drainage channel related to the retention basin. The city alleges that Schwoeppe rerouted a drainage ditch through the easement area, in a way that could eventually cause erosion around the retention basin. Schwoeppe also allegedly cut down trees, moved earth, and cut grass not only in the easement area, but also on land directly owned by the city and used as an emergency spillway for the basin.

Marthasville claimed that this action put the city government in violation of a maintenance agreement with the U.S. Department of Agriculture, which the city had agreed to uphold in exchange for $847,000 from USDA to build the basin.

It has taken five years, but the parties have now resolved the dispute with a compromise. According to a settlement agreement provided to The Record in early March, Schwoeppe has agreed to adjust the drainage channels around its property, at the business’s expense, to the satisfaction of the city and USDA. Schwoeppe has also agreed to replace fencing around the basin area and to pay the city $12,000 to reimburse legal and engineering fees.

In exchange, Marthasville will allow Schwoeppe to build its facility extension within a certain portion of the water flow easement area. The settlement agreement also states that the city government isn’t liable for any future flood damage on the Schwoeppe property.

“This was five years ago, and we’ve been discussing this in executive session at probably every monthly meeting ever since,” Mayor David Lange said during a January board of aldermen meeting. “It was no fault of the city or any (officials). ... It’s finally settled, and I appreciate everyone’s cooperation, including Mr. Schwoeppe.”

This legal settlement agreement was approved unanimously by the Marthasville Board of Aldermen during a public meeting on Jan. 26.

“Through a long process, the city and (Schwoeppe) have come to a mutual agreement that allows them to expand their business, which we support for growth in the community,” commented Alderman Nick Lange.

Following the board of aldermen vote, The Record submitted an emailed request for a copy of the settlement agreement on Jan. 28. However, city officials declined to provide the document for just over four weeks, stating that the text of the agreement would be withheld until it had been signed by Schwoeppe Enterprises. A copy of the settlement agreement was finally sent to The Record on March 1.