From Deseret News archives:
City focus now on cleanup
Mapleton, explosives firm have ended battle
The two sides agreed last week to drop the lawsuits each held against the other. The court battle began in 1994 when the city filed suit in 4th District Court against Ensign-Bickford, alleging the company had contaminated the city's water wells. The two sides settled the case in 1997.
However, in 2003, Mapleton filed a $100 million lawsuit against the company, accusing it of failing to clean up contaminated water sites as it had agreed to do in 1997.
Ensign-Bickford denied the city's claim, accused Mapleton of violating the settlement agreement and countersued for $1 million in legal fees.
In the meantime, the company closed the plant in February, saying it wanted to focus on other ventures.
In the agreement reached last week, however, each side agreed to dismiss the lawsuit without prejudice, meaning the same suits cannot be brought back in the future.
Each side also agreed to cover its own attorney fees.
"It's dead, finished, zero, kaput," said Ensign-Bickford spokesman Mike Long.
Although the site is just inside Spanish Fork's boundaries, Mapleton accused the plant owners of spilling contaminated water into an aquifer that runs north for about three miles underneath Mapleton.
"Ongoing litigation is distracting from both a staffing standpoint and a dollar standpoint," Long said. "There's only so many hours in the day and so many dollars in the pot, so not having to deal with litigation means we can devote all our resources to the ongoing remediation process."
Doug Thayer, Mapleton's attorney, said the two sides had been working to reach a settlement since the lawsuits were initially filed in 2003, but efforts escalated in recent months, when officials from both sides began meeting in person.
Attorneys for both sides said they were not closely involved in the final talks and were asked to draw up the settlement agreement based on what the officials discussed in their private meetings.
"It's what the city agreed to, and it's what the city wanted," Thayer said.
In a previous settlement with the state, Ensign-Bickford agreed to pay $9.375 million to purchase and maintain three water pumps to clean contaminated aquifer water and an additional $2.58 million for a state trust fund maintained by the Department of Environmental Quality.
Comments
- Cougars beat Utes in overtime 1:11 a.m.
- UVU beats SUU; USU wins big 12:57 a.m.
- BYU spikers end season with a loss 12:55 a.m.
- Iverson may be headed to 76ers 12:34 a.m.
- Credit Coug defense for win 12:33 a.m.
- Aggies blow away T-birds 12:32 a.m.
- Mo steals show in Cavaliers' victory 12:31 a.m.
- Editorial: Facilitate Big Brother? 12:22 a.m.
- Mom befriends wife of PTSD vet 12:21 a.m.
- Political clash over U.S. debt 12:21 a.m.
- Cave to be sealed with body inside
- Predicting the unpredictable: BYU wins
- Vegas, Poinsettia bowls or bust
- Hall mouths off about hate of Utah
- BYU football: 5 keys to victory
- Glover gives Utes last-second upset
- Cougars turn back Wildcats'
- Man trapped in Nutty Putty cave dies
- Running game key to BYU offense
- Woods, wife unavailable for interview
- Cougars beat Utes in overtime
396 - Hall mouths off about hate of Utah
150 - Thunder rolls by Jazz
136 - Cave to be sealed with body inside
115 - Man trapped in Nutty Putty cave dies
115 - Editorial: Poor welcome for Palin
113 - Rivalry Week is highly profane
88 - Hall's legacy measured today
75 - Y. focused on 10-win season
73 - Letters: C02 causes warming
70
I wanted to tell them not to go. I dropped subtle hints. "My money is on...
When I was a kid, I worshipped my grandpa. He was undoubtedly my hero....
watch out for next year for sure, the negatives are just closet (and...
And something else, I generally follow players from the state schools when...
I could care less that Max Hall said what he did. The feeling is mutual BYU...
Dear Max, probably could have done without that comment. Probably would've...
As a Utah fan, let me first say congratulations to Max Hall, the Cougars, and...
Geno's and Pat's are good.. but, they are mostly for tourists, the real...
(You even got a middle initial... how's that for 'ya Max) It's nice to see...
Even today, I still cannot get enough of this movie or Charles Gitonga Maina....
...disappointed with Max Hall's comments that he hates everything about UofU....
Over the last few days I read comments of people complaining about tasteless...



You can be the first to comment on this story.