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Judge dismisses Lincoln Trail Grain Growers complaint

By Seth Dukes

 Judge Bruce Butler signed an order on March 30 dismissing the verified amended complaint of the Lincoln Trail Grain Growers Association, Inc. The suit, initially filed in early 2020, sought to have the Nucor deal declared unlawful.  In his order, Judge Butler says that the LTGGA cannot satisfy the requirements necessary to establish standing. The question of standing is whether the litigant is entitled to have the Court decide the merits of the dispute or of particular issues. The existence of a plaintiff’s standing is a constitutional requirement to prosecute any action in the Courts of the Commonwealth.  “The Plaintiffs have not demonstrated a concrete and particularized injury that is either actual or imminent and distinct and palpable,” Butler writes. “The alleged injury is not fairly traceable to the challenged action and is not redressable by a favorable decision.”  None of the attorneys involved in the suit wished to comment on Judge Butler’s order.