10/19/2006

Graceland goes after farmer in lawsuit

By PATRICK SULLIVAN

psullivan@record-eagle.com

BEULAH — Graceland Fruit, Inc. wants a farmer whose stream was contaminated by its blueberry waste to chip in for the cost of cleanup.

Graceland filed a counter-lawsuit against farmer Charles Brozofsky, seeking damages because Brozofsky dismantled an environmental remediation system that was installed on his property.

The system was meant to clean up and contain contamination after Bonney Brothers Pumping Company illegally dumped thousands of gallons of fruit waste in a gravel pit upstream from Brozofsky's farm.

The waste turned a trout stream orange on Brozofsky's 86-acre farm near Honor, and Brozofsky and environmental regulators believe the contamination killed trout and cedar trees.

Brozofsky's attorney, Christopher Bzdok, said Brozofsky disconnected a PVC pipe running across a hay field once in 2005 and once in 2006. He said the system had not been running for months when it was disconnected this June, and Bonney's attorney, Joseph Quandt, was notified.

"It's not like he took a sledge hammer to some big machine; he disconnected two PVC pipes and laid them on the side so he could mow meadow," Bzdok said. "They killed everything off in '03 (and) now they're trying to blame Charlie."

Graceland attorney Ronald DeWaard did not respond to a request for comment, while company attorney Matthew Eugster declined comment.

Quandt said Bonney Brothers isn't a party to the counter-suit, but he said didn't recall being contacted about the dismantling of the equipment and that he was "surprised" to learn it had been disconnected.

"I would've been concerned if I had known in advance," Quandt said.

Brozofsky sued Graceland and Bonney Brothers. Bonney Brothers owned the gravel pit and state regulators said were hired by Graceland to dispose of the waste.

The countersuit contends Brozofsky dismantled the system in May 2005, without consulting Bonney or the Michigan Department of Environmental Quality.

The removal of the remediation system will increase the cost of cleanup and Brozofsky should pay the difference, according to the countersuit. Bzdok said the system has been ineffective and he believes it has not been in use for around 10 months.

Business editor Bill O'Brien contributed to this report

See related stories:

• 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