Bay Harbor Residents File Suit Over Contamination
Bay Harbor homeowners Richard and Robin Franks have sued the Bay Harbor Company, CMS Energy and developer David Johnson, alleging that pre-existing kiln dust contamination near their home was never disclosed to them when they purchased their lot on Coastal Ridge Drive in 2001 for $710,000.
The Defendants have filed responses to the suit asking that the case be dismissed. According to lawyers for CMS, the Franks purchased the property "in an as-is condition and specifically subject to soil examination by (the Franks)". Johnson's attorneys, who also represent Bay Harbor, claim in their response to the suit that the Franks were given a "purchase information booklet" that contained disclosures about the kiln dust contamination at the time of the sale. They also characterized the suit as an "extortionist campaign."
A hearing on the Defendants' motion to dismiss the case has been scheduled for March.
Bay Harbor homeowners file lawsuit [TC Record Eagle]
The Defendants have filed responses to the suit asking that the case be dismissed. According to lawyers for CMS, the Franks purchased the property "in an as-is condition and specifically subject to soil examination by (the Franks)". Johnson's attorneys, who also represent Bay Harbor, claim in their response to the suit that the Franks were given a "purchase information booklet" that contained disclosures about the kiln dust contamination at the time of the sale. They also characterized the suit as an "extortionist campaign."
A hearing on the Defendants' motion to dismiss the case has been scheduled for March.
Bay Harbor homeowners file lawsuit [TC Record Eagle]
posted by Stefan J. Scholl, J.D. - Exclusive Buyer Agent at 1/31/2006 10:03:00 AM
1 Comments:
Estimates range from 50% to 65% of all structures will need to be raised to begin cleanup.
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