The company lost its permit to excavate sand in the river mouth a few years ago, after having been allowed to do so since 1985. For many years, the company was in conflict with the Norwegian Water Resources and Energy Directorate (NVE), which believed they were not adhering to the approved agreement. When NVE withdrew the permit, the company continued to dig, even after a 2021 conviction that resulted in a fine.
In court, the woman explained that she had very little insight into the company, claiming her husband actually ran it while she worked elsewhere and cared for the children. The husband died in 2022. The court did not believe her explanation, noting she had signed documents in connection with the 2021 trial. The son also blamed his father, claiming no knowledge of the conflict with authorities or the 2021 trial, and said he had not seen media coverage. The court rejected his claims, considering him to have a more central role and noting he had been responsible for the actual digging since the 2000s.
He understood that he had a right on his own property, to a limited extent, to carry out an activity.
The son was in the excavator when police randomly discovered illegal digging in early 2023. Police gave an order to stop digging, but it was withdrawn shortly after. The son's defense lawyer, Trond Biti, argued it was natural for the son to continue after the order was withdrawn. However, a few weeks later, the son was caught red-handed digging again. In summer 2023, both police and NVE took action, and no digging has occurred since. A question raised in court was whether the illegal excavations caused any harm to nature and the environment, as sand had been excavated from the area for over 30 years.