State brings suit against local excavator

LEE COUNTY – A Lee County man has been sued by the Iowa Attorney General for conducting a dig without calling the state’s Iowa One Call service.
Eric Fortune, Jr., formerly of Donnellson, was charged Monday for digging an excavation in the 2800 block of Avenue O in Fort Madison without notifying the One Call Service in February of this year.
According to Beacon Schneider, Fortune owns property in the 2700 block of Avenue O.
According to the lawsuit, Fortune is alleged to have struck a 1” gas line during the excavation that belonged to MidAmerican Energy. The lawsuit also contends that Fortune didn’t notify emergency services or MidAmerican after causing the leak and attempted to repair the damage on his own.
The case was filed in North Lee County Court on Aug. 9 by Assistant Attorney General Jacob Larson.
The state is looking for a civil penalty of up to $10,000 and an injunction against Fortune for any future digging without first notifying the One Call service, which is required under Iowa code.