TOLNA – A Benson County landowner’s legal conflict with the North Dakota Department of Environmental Quality over recycled tires has been dismissed for improper service of court documents.

Cornel “Cory” Christofferson, Tolna, who represents himself in the lawsuit, sued the department on Aug. 13, stating he was granted permits in 1995 and 2000 for recycled tire fences, but the state arbitrarily reversed its position in 2004. The state determined the fences no longer serve a beneficial use but create mosquito proliferation and fire hazards. Christofferson lost a challenge that went to the North Dakota Supreme Court.

His new lawsuit seeks an order requiring the department to cease all ongoing legal, regulatory or administrative actions related to tire fences that remain and retract and correct defamatory statements and records. The lawsuit seeks damages of $6 million or an amount determined by a jury, along with punitive damages and court costs.

The summons and complaint were mailed to L. David Glatt and Gov. Kelly Armstrong. The defendants sought to dismiss for lack of personal jurisdiction, due to insufficient service process. The summons and complaint were mailed, but court rules require personal delivery when state agencies are involved.

Christofferson argued the defendants received the summons and complaint and have actively participated in the proceedings. He stated dismissing the case on an arguable technical irregularity would elevate form over substance, contrary to North Dakota precedent and due process guarantees under the U.S. and N.D. constitutions.

Northeast District Judge Anthony Swain Benson, Bottineau, ruled that without personal jurisdiction over the case, he must dismiss and cannot issue a stay to allow time to provide proper service. Christofferson has stated he will refile the lawsuit.