Batavia farmer seeks nearly $1 million from Fermilab

A Batavia farmer has sued Fermilab for nearly $1 million in a dispute over corn and soybeans grown on the lab's property.

In a recently filed lawsuit in Kane County, Bruce Nagel of Nagel Farms seeks $952,000 - which is his approximation of the crop's value, plus punitive damages, from Fermilab over some 1,400 acres in which he grew corn and soybeans.

Nagel inked a contract with the lab to grow the crops on up to 2,265 acres each year through 2016, paying an annual fee to the lab for use of its property, which is owned by the U.S. Department of Energy, according to an agreement attached as an exhibit on the lawsuit.

Nagel's lawsuit argues the lab terminated the agreement Oct. 26 and is not letting him on the land to harvest the crops.

"Defendant acted willfully or with such gross negligence to indicate a wanton disregard for Nagel's right to his property when defendant refused to allow Nagel access to Nagel's crops," wrote Kurt Vragel, Nagel's attorney.

Contacted Tuesday, Vragel said: "We have nothing we can tell you."

A message left with Nagel was not immediately returned.

Fermilab spokesman Andre Salles said lab officials were aware of the lawsuit, but had no comment.

In an exhibit attached to the lawsuit, Jeffrey Irvin, Fermilab's finance section deputy head, wrote a letter Oct. 25 to Nagel indicating the contract had been terminated due to "failure to perform." The letter did not elaborate.

An Oct. 27 email from Fermilab attorney Chuck Cole Jr. confirmed the lab's position that Nagel's right to enter and harvest the crops had been terminated, according to court records.

"There isn't and never was any agreement that the immediate termination would be subject to the removal of the crop," Cole wrote in an email.

Cole also offered in the email to meet with Vragel to work on a potential settlement.

In a reply email, included as an exhibit in the lawsuit, Vragel says the crops have been harvested from the property and have been or will be delivered to a local grain elevator.

Attorneys representing Nagel and the lab are due in court Jan. 16.