On 5 May 2023, the Mercer County Sheriff Terry Ternes, investigated a reported Coteau (North American
Coal) crime.
After viewing the damage to the farmland, he agreed this was a crime, and would bring the State Attorney
to the farmland on the following Monday.
Sheriff Terry Ternes, requested the photos of the damage, be sent to him. He would give them to the
State Attorney, Todd Schwarz.
One photo of the farmland damage:
Multiple photos with details pdf document were emailed to Sheriff Terry Ternes.
These are the Sheriff Terry Ternes emails.
These are the District Attorney Todd Schwarz emails.
Note that District Attorney Schwarz, makes a dishonest statement that "the mine has easements" .
Esther Eisenbeis' son responded with "Send me the easements." .
District Attorney Schwarz made another dishonest statment "You told both Terry and I that the
mine had operation ...." .
Not true. Plus Sheriff Ternes had been at the farmland. He knew there were no mining opeations on the farmland.
Then District Attorney Schwarz made another dishonest statment "This is not a crime as Terry and I have
stated multiple times before." .
Sheriff Ternes never made that statement.
In addition, if there had been an easement, Coteau would have been required to repair the damage.
Esther Eisenbeis' son responded with "The North Dakota Century Code:"
NDCC 12.1-21-05 Criminal Mischief 1 b. "Willfully damages tangible property of another".
NDCC 24-12 Miscellaneous Provisions - 24-12-01 Injuries to highways "No person may willfully dig up,
remove, displace, break, or otherwise injure or destroy any public highway, right of way, or bridge, or any
rest area, picnic area, or tourist camp, or improvements thereon, operated in connection with a public highway,
or any private way laid out by authority of law, or any bridge upon such way without first securing permission
from the person or governing body having jurisdiction and control thereof."
You have not stated the reason for contradicting the NDCC. .