12/02/2006

State won't join lawsuit in Graceland situation

By PATRICK SULLIVAN

psullivan@record-eagle.com

BEULAH — The Michigan attorney general's office refused a judge's request to join a civil lawsuit over a blueberry juice-contaminated trout stream.

In a Nov. 16 letter to Benzie County Circuit Court Judge James Batzer, Peter Manning, the attorney general's environmental division chief, said his office would not get involved in a lawsuit brought by farmer Charles Brozofsky against Graceland Fruit Inc. and Bonney Bros. Pumping Co. over alleged illegal dumping of blueberry juice.

Batzer asked the attorney general and the state Department of Environmental Quality to intervene because Brozofsky seeks natural resources damages that, if ordered, would be paid to the state. Also, Brozofsky can't join negotiations between the state and the defendants over resolution of environmental allegations.

A DEQ investigation began after Bonney dumped blueberry waste from Graceland into a gravel pit and the waste seeped into the ground and contaminated a creek on Brozofsky's farm.

The contamination was discovered in early 2003.

The DEQ requested felony charges against Graceland and Bonney for knowingly violating environmental laws, but the attorney general's office opted to pursue a civil settlement.

Christopher Bzdok, Brozofsky's attorney, said he has seen several drafts of a consent order being hashed out by the defendants and the attorney general and none of them mention requiring the defendants to pay natural resources damages.

Bzdok contended the exclusion of Brozofsky from negotiations, as well as the lack of resources damage payments language, indicates the attorney general's office is acting in the interest of Graceland and Bonney.

"What conclusion should I draw from that? Other than they're trying to help Graceland and Bonney defend against us,” Bzdok said.

Attorney general spokesman Rusty Hills denied his office acted on behalf of Graceland or Bonney.

He said the attorney general's client is the DEQ and they are attempting to enforce a cleanup and impose penalties.

Hills said Brozofsky's lawsuit delayed settlement negotiations.

Manning's letter said the office plans to finalize a consent judgment by mid-January.

See related stories:

• Graceland goes after farmer in lawsuit - October 19, 2006
• Judge wants state to join suit - September 19, 2006
• Settlement in dumping case may be near - September 15, 2006
• County seeks federal money for wastewater plant - June 24, 2006
• Benzie to learn grant details - April 14, 2006
• Graceland pursues grants - February 14, 2006
• Dumping suit to proceed - December 15, 2005
• Graceland wants lawyers to be quiet - December 11, 2005
• DEQ sought felonies against Graceland, hauler - November 20, 2005
• CEO: Tax shield has nothing to do with pollution - November 20, 2005
• A close look at the DEQ findings - November 20, 2005
• How fruit waste turns a stream orange - November 20, 2005

See related editorial:

• Graceland record isn't worth more largesse - February 23, 2006
• Cox must explain orange creek decisions - November 27, 2005