Judge reduces amount developer must pay Eureka couple by $975,000

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By The Associated Press

Story Published: May 20, 2008 at 7:28 PM MST

Story Updated: May 20, 2008 at 7:28 PM MST

EUREKA - A judge has ruled that the developer of an exclusive golf community must pay a Eureka couple $25,000 in punitive damages, rather than the $1 million dollars awarded to the couple by a jury.

Last month, jurors found that Wilderness Development acted with malice when it cleared out the trees on Craig and Lisa McKay's property, to build a road to a maintenance building. They awarded the couple $1 million dollars in punitive damages, plus $356,500 dollars in compensatory damages.

District Judge Michael Prezeau says the $1-million-dollar award was excessive, and has lowered the punitive damages to $25,000 dollars. Eureka attorney Amy Guth, representing the McKays, says the couple has filed a motion asking the judge to reconsider. She says they're also asking the state Supreme Court to stop the developer from further harming their property.

An attorney for Wilderness Development, Sean Frampton of Whitefish, says he believes Prezeau made the right decision. Frampton says he also plans to challenge the compensatory damages.

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