From Deseret News archives:
Mapleton cleanup lawsuit is dismissed
Judge says city released firm from well obligation
Twelve years ago, Mapleton sued Ensign-Bickford formerly Trojan Corp., Mallinckrodt Inc., Cytec Industries Inc. and Jeras Corp. for contaminating city water wells. City officials alleged in court documents that the company allowed chemicals to seep into underground aquifers from the factory near the mouth of Spanish Fork Canyon.
After numerous discussions, the parties reached an agreement in 1997 in which Ensign-Bickford would clean up City Well No. 1 by creating a water-treatment system. The company also agreed to pay the city a lump sum of $150,000, according to court documents.
The plant permanently shut its doors in February.
Once the well was clean, according to the agreement, Ensign-Bickford would then be released from any obligation to the city.
However, the city wasn't satisfied with the cleanup process and filed an amended complaint in November 2003, asking for nearly $100 million in damages.
"We respect Judge Schofield a great amount," said Doug Thayer, attorney for Mapleton City, "but we obviously disagree with his decision. I'll certainly recommend (to Mapleton) that we appeal the case. I'm really quite hopeful."
Attorneys for Ensign-Bickford could not be reached for comment.
Thayer will be meeting with Mapleton Mayor Dean Allan and Mapleton City Council on Aug. 16 to discuss the issue and a possible appeal.
The city has been dealing with problems from the plant for years. In 1999, three Mapleton families filed suits against the company, alleging that polluted water caused members of their families to contract non-Hodgkins lymphoma.
Ensign-Bickford settled the cases but didn't admit liability. Two of the people who filed suit against the company have since died of cancer.
Thayer had also raised the issue of air-borne pollutants discharged by the cleanup process after an expert noted high levels of TNT residue during a test. The pollution issue was part of the amended complaint that was just dismissed.
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