The legal battle between Decorah Genealogy Association and a Winneshiek Historical Society member has ended

The final legal challenge involving the court fight between the Decorah Genealogy Association and the Winneshiek County Historical Society has ended.

The legal battle between the two groups dated back to November of 2016, when members of the Winneshiek County Historical Society allegedly entered the office the two groups shared in the Decorah Library basement and allegedly removed 285 microfilms and ten bound microfilm indexes, taking them to a locked storage space.

When attempts to get back the material failed, the Decorah Genealogy Association filed a lawsuit against the historical society.  An agreement was reached eventually under which WCHS paid all court costs and gave DGA a check for $1,000 for the loss of use of the records during the time the lawsuit was pending.

But DGA also sued WCHS member Roger Bergan, asking for a $15,500 summary judgement against Bergan for losses because the microfilms were taken.  A judge ruled against the second lawsuit, leading to its dismissal.  That's when Bergan filed a claim against DGA, asking that DGA pay his attorney fees and be convicted of abuse of process.

Late last week, District Court Judge Alan Heavens agreed to a motion by Bergan to dismiss his claims.  However, Judge Heavens also ruled that because Bergan's decision came just before a jury trial was set to begin on the matter, Bergan would be responsible for paying a $1,000 fee as court costs.  Judge Heavens also ruled, "Bergan's dismissal was not a settlement because Decorah Genealogy Association did not give up anything in return for the dismissal."