Rick, Charles,
I hope that you won't rely on my sketchy remarks to evaluate the potential impact of these legal matters. Biosafe has (as they are required by law) been completely upfront with this and have regularly reported all details to stock holders. In case you haven't had a chance to review the company documents, this is what the last available 10-q has to say about the Fairhaven legal situation. Note the hearing was way back on 5 September and its a real crime that all parties have had to wait so long for a ruling.
>> On November 8, 1995 an action was brought against various parties including
the Company relating to the Fairhaven landfill. Plaintiffs are 16
residents of Fairhaven, Massachusetts who reside in the vicinity of the
Fairhaven landfill. In the litigation, the plaintiffs seek an order
annulling the major modification permit issued by the MDEP (the
"Permit"), which authorized one phase of the landfill remodeling project
claiming the MDEP violated the Massachusetts Environmental Policy Act
("MEPA") in issuing the Permit (the "MEPA Claims"). Further, the
plaintiffs have brought certain common law claims against the Company for
nuisance, trespass and strict liability based principally on alleged odor
and dust conditions resulting from The Company's work at the Fairhaven
landfill. The common law claims seek compensatory damages and injunctive
relief.
Pursuant to the Massachusetts Administrative Procedures Act, the Permit
Appeal has been heard by a Bristol County Superior Court Judge on
September 5, 1996. Plaintiffs, the MDEP, the Town and the Company each
have submitted briefs to the Court. The Company has challenged all of the
alleged procedural and substantive grounds asserted by the Plaintiffs for
the appeal, and is now awaiting the ruling.
On January 12, 1996, the Company filed a motion to dismiss the MEPA Claims.
The Town filed a similar motion. The Court heard oral argument on the
motions to dismiss on April 9, 1996. On May 1, 1996, the Court issued a
decision on the motions to dismiss in favor of the Company and the Town,
dismissing the MEPA Claims in their entirety.
Plaintiffs' common law claims for nuisance, trespass and strict liability
are based principally on alleged odor and dust conditions resulting from
BioSafe's excavation activities at the landfill during the summer and
early fall of 1995. The Company is pursuing factual discovery with regard
to these claims. If the Plaintiffs pursue these claims after disposition
of the Permit Appeal, a period of additional discovery and other
pre-trial proceedings would take place prior to trial on the merits.<<
Lets hope we do hear from the judge this week and we can get on with the business of envirnomentally sound solid waste disposal without unnecessarily creating more landfills.
Allan |
