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Website ordered to pay $125,000 over ‘haunted’ mill claim

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By Nancy Bowman, Staff Writer Updated 10:36 AM Thursday, April 16, 2009

BETHEL TWP., Miami County — Staley Mill’s owner, who claimed false tales about the historic property being haunted turned her life into a nightmare, has received a judgment for more than $125,000 against a Columbus website operator.

Melissa Duer also was granted her request for a court order against Columbus-resident Andrew Henderson’s use of the Staley tale on the forgottenohio.com web site or any other site. The findings were made by Judge Robert Lindeman in Miami County Common Pleas Court.

Duer filed suit individually and for family trusts against those behind the book “Weird Ohio” and the Web site.

She is a descendant of Eli Staley, who built the Staley Mill, the oldest standing grist mill in the state. Duer claimed stories published about the mill, the Staley family and their history dating to the 1820s have attracted countless ghost hunters and the curious.

That activity forced her and her husband to spend thousands of dollars on security measures at the mill including $35,000 for an estate dog, Duer testified at a March hearing.

Just before that hearing, Lindeman ruled for “Weird Ohio,” saying those responsible for the book did not place the Duers in a false light, had no intent of emotional distress and had not trespassed or caused anyone else to trespass on the property. He issued a default judgment for Duer in the claim against Henderson and the web site after Henderson failed to respond to the legal challenge.

Duer’s lawyer, Jeremy Tomb of Troy, said the ruling in favor of the “Weird Ohio” authors will be appealed to the 2nd District Court of Appeals.

“We think they share some of the blame,” he said. The Staley story was removed from a second printing of the “Weird Ohio” book, he said.

If the information on the Staley property is not removed from the web site, he will file for contempt, Tomb said. The Duers are obviously happy” with the judge’s ruling on damages and the order to remove the information from the web, he said.

Lindeman said evidence in the court record did not show actual malice on the part of Henderson. Because Henderson did not respond to the suit, it was appropriate legally to grant Duer’s request for damages, he said.

The damages claimed included: $1,921 for an invisible fence; $1,710 for private security; $27,606 for diminished value to the property from rumors it is haunted; $57,217 in legal fees; $6,340 in litigation expenses; and $35,000 for the dog.

Duer testified extra money was spent on the dog specially trained to be under command.

“We didn’t want just any pet or regular dog that could possibly bite people,” she said in court.

The dog was seen as more affordable thanpaying off-duty sheriff’s deputies to provide security around-the-clock.

Contact this reporter at (937) 225-2292 or nbowman@DaytonDailyNews.com.

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This is ridiculous. Since when is it illegal to post information about a ghost story or urban legend? I have heard stories about Staley since I was a kid. Its a very cool road, and a very creepy one at night. I would suggest everyone reading this to take a drive down it... maybe honk your' horn a little.

Joe
4:35 PM, 9/18/2009

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well.. the reporting newspaper better be on watch too as now the owners will have people egging the place and causing damages... would this make the news reporter then responsible??

thisis Stewpid
10:13 AM, 4/20/2009

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Whatever happened to the first ammendment?

KatS
10:03 AM, 4/20/2009

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The website didn't respond to the suit so the damages were awarded as presented. If there had been an actual trial perhaps the results would be a little more realistic to those of you that think they're out of line.

Pharrell
9:26 AM, 4/17/2009

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How much do you want to bet that if the T.V. show that did the show out at Wright-Pat about their ghost offered some $$$$$...it would have been taken, and gladly!!!
This family is out to make a buck on whatever, and whoever they can.
Absolute nonsense...They should be ashamed of themselves!!!

Krissy012000
7:37 AM, 4/17/2009

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