Easterday Dairy owner sues competitors for harassment

Published 1:00 pm Wednesday, January 11, 2023

The owner of and manager of Easterday Dairy near Boardman has filed a lawsuit against competitors, alleging they used the Morrow County Sheriff’s Office to harass him.

Cole Easterday seeks no less than $5,000, including damages for emotional distress, from Zane Walker and Michigan-based Walther Farms, according to the lawsuit Portland attorneys Steven Cade and Joshua Flood filed on behalf of Easterday on Dec. 20 in Morrow County Circuit Court.

Cole Easterday is an owner and manager of Easterday Dairy and has been a volunteer firefighter in the community, according to the lawsuit. He lives on the property neighboring the dairy and leases that “home site” from the property owner, Canyon Farm, but owns a house, shop and well there.

He also is the son of Cody Easterday, who in October 2022 began serving an 11-year sentence in federal prison for defrauding Tyson Fresh Meats and a second victim out of $244 million for 265,000 cattle that did not exist.

Canyon Farm also owns farmland surrounding the dairy, which Walther Farms leases and operates.

Easterday, Easterday Dairy, Canyon Farm, Canyon Farm’s sister company, Canyon Farm’s manager and others are embroiled in legal dispute over various aspects of their relationship, including breaches of contracts and land use and agricultural permitting on the dairy property and the adjoining farm property. At the end of 2021, Canyon Farm decided not to renew the lease of the farm to Easterday Dairy and instead leased it to Walther Farms, making Walther Farms and Easterday Dairy competitors.

“Canyon Farm has even filed to evict Cole Easterday from his home, but no judgment of eviction has been entered, and Cole Easterday continues to vigorously defend the claims in that eviction lawsuit,” according to the complaint.

Easterday on Sept. 20 returned to his home at about 9 p.m. and went to sleep. He then awoke at about 4 a.m. Sept. 21 after hearing a loud banging on his door.

“It was an armed deputy from the Morrow County Sheriff’s Office, demanding that he come out,” the pleading states.

The deputy told Easterday someone had reported he was trespassing, based on an alleged eviction, implying he would have to leave or be arrested. Easterday, however, was able to provide documents to demonstrate he had not been evicted and had a right to be on the property.

According to the lawsuit, Walker is an employee of Walther Farms and called the sheriff’s office Sept. 21 at 3:34 a.m. and reported Easterday was trespassing, claimed “he’s been told multiple times to stay off the property” and asked the sheriff’s office to force Easterday out of the home.

“The report to the sheriff was false and was made with the intention that Cole Easterday feel harassed, humiliated or embarrassed,” according to the lawsuit, as well as to damage his reputation, business prospects and his constitutional rights.

Easterday “suffered humiliation, distress and loss of rest and peace of mind as a result of the conduct of the defendants as alleged herein,” the pleading states. “Such suffering constitutes damages recoverable under the law in an amount to be proven at trial, but not to exceed $5,000.”

The lawsuit also alleges Walker and Walther Farms broke the law when they summoned police with improper intent. As a result, Easterday is entitled to recover the greater of his actual damages or statutory damages of $250 from each defendant plus reasonable attorney fees and costs dealing with this matter.

Easterday reserved the right to amend the complaint to seek punitive damages. He also is requesting Walker and Walther Farms send evidence to his lawyers showing they called the sheriff’s office and reported the false claim of trespassing.

The court record shows neither Walker nor Walther Farms has been served with the lawsuit.

Marketplace