Waste Case Can Proceed

January 21, 2005
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GRAND RAPIDS — Kent County Circuit Court Judge James Redford ruled late last week that a hazardous-waste lawsuit could go forward, a case that stems from the alleged dumping of contaminated soil at the former Monroe Avenue Water Filtration plant.

Redford denied the defendants’ motion to dismiss the case and also denied a motion from Superior Environmental Corp. to be removed as a defendant. At the same time, Redford removed Dan Howard as a plaintiff in the lawsuit because Howard failed to file an affidavit of personal damage with the court.

The judge’s decision means that William Q. Tingley and William Tingley III can proceed with their action on the basis that they may have suffered greater harm than the general public would have during the alleged illegal transfer of 26,000 cubic yards of toxic soil from the construction site of The Boardwalk at 940 Monroe Ave. NW to the water filtration plant at 1430 Monroe Ave. NW in 2000.

William Q. Tingley and Howard are partners in Proto-CAM Inc., a machine-tooling business at 1009 Ottawa Ave. NW. William Tingley III is the plant’s general manager.

The plaintiffs claim they were exposed to a number of contaminants when the defendants allegedly removed soil from the work site by using an easement the company has access rights to.

Besides Superior Environmental, other defendants are 900 Monroe LLC, 940 Monroe LLC, Pioneer Construction, Dykema Excavating and the city of Grand Rapids.

Redford granted a motion from Fifth Third Bancorp and removed the bank as a defendant in the case.  

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