Trash dispute leads to lawsuit
Published 5:03 pm Thursday, July 10, 2008
By By NORMA LERNER / Dowagiac Daily News
CASSOPOLIS – An excavating company is suing Gerry Hart, Jefferson Township zoning administrator and a member of the Cass County Building Authority, over a waste disposal bill to haul away trash.
Best Way Disposal Inc. of Kalamazoo is seeking $25,000 for costs in hauling away tons of trash last year ordered by the court to clean up a buried trash site on Evan Street, south of Cassopolis.
The lawsuit was filed in Cass County Fourth District Court on Feb. 21.
Austin Excavating and Jerry Austin of Cassopolis, who is a defendant and third-party plaintiff, is in turn suing Gerry Hart of Vandalia, a third-party defendant.
District Court ordered both defendants in June 2007 to clean up a 200-by-40-foot pit, about 12 feet deep on the Arnard and Pauline Ottman property at 23070 Evan St., Cassopolis, following an investigation by the Michigan Department of Environmental Quality (DEQ) for violating federal and state clean air laws.
Austin and Hart were each fined $1,000 by visiting Judge Theresa Brennan of Michigan's 53rd District Court in Livingston County and placed on probation for six months.
Austin was initially hired by Jefferson Township to conduct excavating cleanup activities on the Ottman property for $28,847.12.
However, DEQ found the cleanup not satisfactory and an order was issued to have materials properly disposed.
Both defendants were ordered to do cleanup on the property where debris from old cars, farm machinery, metal appliances, building materials and litter were burned and buried on the Ottman property, according to court records.
Austin was to help provide labor for the cleanup required by MDEQ, and Gerry Hart, along with others, participated in sorting material and placing materials in Dumpsters, according to the suit.
However, Hart denies agreeing to pay for the container costs of the cleanup and denies that bills would be sent to him and to the Jefferson Township Hall. Hart claims there was no promise or any agreement to pay the disposal cost and that Austin made the arrangements for the solid waste removal.
Hart claims he informed Austin that neither he or the township would pay for the waste disposal.
Jessica Routley, attorney for Best Way Disposal, Inc. claims Austin Excavating owes $25,000 to the firm.
Hart is also the Jefferson Township building inspector, planning administrator and a township code enforcement officer.