Attorneys for explosives plant seek $1 million

PROVO — Attorneys for a former explosives plant in Spanish Fork that contaminated Mapleton's water supply are asking a judge to award them $1 million — the cost of defending the company against a lawsuit they say Mapleton shouldn't have filed.

In 1994, the city of Mapleton sued the Ensign-Bickford plant for allegedly contaminating city water wells. Three years later, they reached an agreement that called for Ensign-Bickford to pay $150,000 in addition to creating a water-treatment system. The agreement also held a clause that prohibited the city from filing any more lawsuits against the company.

In 2003, however, the city filed an amended complaint in 4th District Court asking for $100 million, arguing the company's environmental clean-up job wasn't sufficient and that the city did not release the company from future clean-up responsibility.

That breach of the original contract is grounds for financial compensation, said Joe Nassif, attorney for Ensign-Bickford and Mallinckrodt., Inc., both previous owners of the now-demolished plant.

"We're really saying, 'We had an agreement, you violated it and you sued us. We incurred a lot of additional costs and that's a big issue,"' Nassif said.

Nassif filed a motion last week asking that a judge review the case and approve the company's right to collect money for damages.

Although it may be frustrating for residents to watch a company that spilled toxic chemicals into the city's aquifers file suit against their city demanding reimbursement for costly legal fees, this court filing is more about the importance of contracts than contaminated water wells, Nassif said.

Mapleton's attorney, Doug Thayer, said the motion is not a surprise. Ensign-Bickford filed a counter-claim for damages soon after Mapleton filed its original suit.

Thayer continues to argue that wording in the original contract was vague and didn't release the company from future clean-up responsibilities — a claim 4th District Court Judge Anthony Schofield denied in a late July ruling.

Thayer said it's likely a judge will grant Ensign-Bickford's damages claim, meaning the city may be responsible for the money. However, no money will change hands until the city has exhausted its appeals.

"We believe there were controverted factual questions ... and that the plant had misled (Mapleton) about the condition of the site," Thayer said.

Ensign-Bickford is now cleaning up ground water and the old plant site.