Known as some of the most hazardous and dangerous waste sites in the United States, I�ve known people who didn't buy homes near them, fearful that toxic substances could be leaking into the nearby air or water to harm them. Think Civil Action.
So you�d probably think that if a Superfund site got cleaned up, housing prices would rise accordingly.
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http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20081122/NEWS/811220337/-1/ARCHIVE
Three Keith neighbors sue city
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var isoPubDate = 'November 22, 2008'By Joe Cohen
Standard-Times staff writer
November 22, 2008 6:00 AM
NEW BEDFORD — The owners of three homes near Keith Middle School have filed a lawsuit against the city requesting that their polluted properties be cleaned up and asking to collect damages that are "as yet undetermined in magnitude."
The city was served a copy of the lawsuit Friday. The city solicitor's office, the city environmental steward and the mayor's office all said at mid-afternoon they were unaware of any lawsuit having been filed.
Later, Mayor Scott W. Lang's office issued a statement through spokeswoman Elizabeth Treadup saying, "We believe some properties can be remediated in a cost effective way without tearing the houses down."
The property owners who filed the lawsuit in Bristol County Superior Court, Taunton, include John DaRosa of 128 Ruggles St., John Day and Diane Cosmo of 119 Greenwood St., and Luis and Ermelinda Barbosa of 110 Greenwood St. Their lawyer could not be reached for comment on Friday.
Mr. DaRosa said the three property owners filed the lawsuit after growing "frustrated for how long it has taken."
He said, "All we get is promises," and noted that property owners were first informed about environmental contamination in 2005 and at the time were dealing with then-Mayor Frederick M. Kalisz Jr. and an environmental consulting firm called Beta.
Mayor Kalisz was voted out of office in November 2005. The Keith Middle School project has led to the spending of tens of millions of dollars to clean up toxic pollution under the watch of the U.S. Environmental Protection Agency and state Department of Public Health. Beta subsequently was fired by the city.
Keith, New Bedford High School and the Paul Walsh Field athletic complex all have required extensive pollution remediation because they were built on or near a burn dump where companies disposed of PCBs, heavy metals and toxic chemicals for decades. To build Keith, Mayor Kalisz committed the city to clean up pollution in the area — including at neighboring residences.
As a result, the city recently purchased six houses on Greenwood and Ruggles streets off Hathaway Boulevard for $1.7 million and is paying to relocate the families that lived there.
The three homeowners who filed the lawsuit earlier this week all live close to those houses and Keith.
Of the three homeowners, only John DaRosa could be reached for comment Friday evening.
Mr. DaRosa said, "It started back in April '05. This has not been taken care of. We have gotten the run-around too long."
He said his property has contamination in the back and front yards.
"Tell me it is not an imminent danger," Mr. DaRosa said rhetorically.
Mr. DaRosa said it is all a matter of public record "from when Kalisz was in office." He said that Mayor Lang has been in office for three years without cleaning up the problem.
Mr. DaRosa said the lawsuit was not a spur of the moment decision, noting "we have had this attorney since '05."
The lawsuit, filed by attorney Carlin J. Phillips on behalf of the three home owners, alleges:
About April 25, 2005, the city told them it was conducting environmental tests; on Dec. 6, 2005, the city said it found contaminants; and additional testing has since been done.
There was negligence by the city, the city failed to prevent the dumping of contaminants, despite having a duty to do so and it failed to warn the property owners.
The city has an obligation to remediate the pollution.
Because of the danger, the city is liable for damages, which "are as yet undetermined in magnitude."
The city's action caused injury, damage or harm to the home owners.
The lawsuit then spells out a series of awards it is seeking, including compensatory and punitive damages, legal costs, compensation for diminished property values, remediation of the properties, and compensation for pain and suffering, lost wages and medical expenses. It asks for a jury trial.
Contact Joe Cohen at jcohen@s-t.com
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