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Westfield Family Files $2.5 Million Lawsuit Against Fuel •" Company, Insurance Firms in Connection with '95 Oil Spill

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Westfield Family Files $2.5 Million Lawsuit Against Fuel • Serving the Town Since 1890 — USHMMM (YEAR-ISSUENO.40-97 Thundlay, October 2,1997 F_F*TYCENtS; LLOSS'SIl \E TANK BURST IN HOME't Westfield Family Files $2.5 Million Lawsuit Against Fuel •" Company, Insurance Firms in Connection With '95 Oil Spill By JEANNK WHITNEY in the bursting of a fuel oil storage unstable," Mr. Raupp said, "so I nated by the spill. for the spill in the first months after an offer of $22,000 to settle the case; *. SfttiUf WnniH/or TV> Wi^/liU _____ r lank in the basement that has made stopped them." Mr. Sherr said the excavated soil the accident. • the day before the Michaels filed the; *A Westfield family that has been the house uninhabitable and "a total Mr. Raupp said the permit applica- was removed from the property this Subsequently, the company trans- $2.5 million lawsuit with the New vbttially homeless since nearly 400 loss." tion for the work simply said "replace past July. Neighbors claim there were ferred the sale of home heating oil Jersey Superior Court last Thursday. nlloos of home beating oil spilled Mr. Michaels said he is still paying a basement floor" also green drums that said "toxic business to Me Arthur Fuel. Mr. A lawyer for McDowells, Robert LI two the basement of their Emerson the mortgage on the corner property. The basement floor is now a deep materials" andastorage trailcron die Michaels said early last week, "I have Podvcy, did not return a iclephbfiS J"l4ce bouse two years ago, has filed In the two years since the accident, open hole filled with what appears to Michaels1 lawn for the past year. seen no communication from the in- call from The Westfield Leader, buttf |C$2,5 million lawsuit against the Michaels have lived in a hotel, a be water, oil and other debris. The lawsuit has charged that the surance company." letter toState Senate President Donakt McDowells Oil Heat, Inc. of Wcst- rented house that has since been sold, Westfield Health Official Robert storage trailer contained the Josephs. K Sewall, also named in T. l)il'rancesco. a Scotch Plains resi-* flbId,Prudeo(ial Insurance Company, and a rented apartment. The family's M. Sbcrr said a sanitary sewer under Michaels' belongings and that they the Michaels' lawsuit and a lawyer dent, in December of 1996 from Mr. tftica Mutual Insurance Company homeowner insurance policy with the basement of the Michaels house do not know where the trailer has representing Utica Mutual, Podvey's law linn aboutthe Michaels*, and MacArthur Fuel Oil, among oth- Prudential was canceled shortly after is broken. Officials said the extensive gone. McDowells' Insurer, said earlier last claims, stated that, "no cleanup will efs. MacAitfaurtookover McDowells* the spill. Mr. Michaels suffered a heart digging was discovered when town Scotch Plains lawyer Douglas W. week, "We're still with talking with ever be personally acceptable to the tKtne heating oil business since the attack in 1996. officials surveyed the broken sewer Hanscn, representing the Michaels, (the Michaels') attorney." Michaels." oU spill, A next door neighbor has said he pipe. said McDowells admitted liability Mr. Iianscn said Utica Mutual made COHTlNUEOOHPAOetl , • • . -JBB 38-count complaint includes will sue the Michaels if the Everson . The company responsible for the cNnuforpropeity and punitive dam- Place property is not cleaned up. attempted cleanup, Pcnnoni Associ- jueft, personal injury and fraud. The Westfield Construction Official ates, Inc., is also named in the town of Westfiefd was not named in Louis Raupp said he halted the Michaels'lawsuit. Y suit, although a lawyer for the cleanup of the Michaels' property in Soil and cement removed from the lily said, "It should be sued." August of |996 when the company basement of the house by Pennoni _ lurtonand Nancy Michaels, abng hired to do the work by McDowells' has been on the lawn and covered wfih their two teenage daughters, insurer, Utica Mutual, began excavat- with tarps since last year, according Cjjitm that a regularly scheduled de- ing under the bouse. to neighbors. tty&ry of oil from McDowells to their T>It turned out they were digging In the lawsuit, the Michaels claim tibuae in September of 1995 resulted under pilings and making the house at least 32 tons of soil were contami- NEXT PART OF IMPROVEMENTS TO FOCUS ON PARK OVERLOOK Mindowaskin Friends Getting Set m For Next Round of Fund raising on the concrete overlook of the park. to bring the park back to the way it Ms. driest noted tliat these improve^ first looked when it was; dj^ca^wi.» Ten yean ago a town committee inenta will be costly. "We wanttb try to make sure petpe was organized to begin looking into The Friends have yet to determine have this park forever," said Ms. Priest. bow best to make Improvements to the amount of funding they will need The biggest problem in the park Mindowa&kin Park, a centerpiece in for the project, They have been work- presently is the lack of a sufficient Vfestfteld since the turn ofthe cen- ing with Town Engineer and Public sprinkling system. Currently, Public Works Director Kenneth B. Marsh on Works employees hook up a sprin- Afewyearslate«;intbeeariy 1990s, a structural plan for the park. kler to one of the fire hydrants and tbePrlendsoftbc Mindowaskin Park "We want to restore the overlook water the plants and gardens. wps officially incorporated, back to the way it was in 1928," Ms Ms. Priest said if a permanent sys- -. **We (members of the committee) Priest noted. tem were installed, it would have to realized this (park renovation) can't Ms. Priest said the group will wait be maintained and would becostly to be a one-shot deal," said Nancy W. fora determination from officials on the town, which operates the park. fttett,amemberof_oegroup'sboan_. how much the town will contribute in Another continuing problem lias David a Corbm for iV WtlOiU Umttr The first phase of the fundralsing capital improvement funds. After that been the large population of geese CULINARY DKIJCJMS... Kxmitlve Chef John J. Shirley, left, of the Brunswick Hilton «nd Towers, and Chef Sal Scrwsw, (Jrtw was held In 1993 to coincide number is realized, the Friends will and their droppings throughout the met with great tnlhuslusin at the WestJfokl Farmer's Market on September 25. According to First Ward Coundlwoman G at] park. S. VornlcK, pictured above being wrved • turn pie of the prepared recipe, "This in the beginning of ha vlng ch«fc from different w|tt» the park's 73th annivenaiy. Tl_e raise the remainder of the funds. restaurant* becoming « [>urt of our Farmer's Market It's a great addition and will be enjoyed by everyone," . |rmip worked wltb town officials on To acknowledge the donations, a »a«erplao for the overall upgrade persons giving a gift of $1,000 were recognized with a plaque on one of WEMENT PROGRAM .•The drive reached its goal of the new benches. Gifts of $2,000 were m0,QO0t for the Tint phase of the marked with a plaque en a lamppost. preset In addition to funds raised for In addition, memorial gardens were pplititial phase, the Friends set up an available for donors giving $5,000. Property Maintenance CocKTto Be Introduced iBt&wmxmt for future donaUons for LastMay,aletterwassenttothe500 oing beautification effort in persons woo are on the Friends exist- .These funds are managed by ing donor* list. By Council Tbesday; Penalties Draw Concerns rtfleld Fbundation. Mindowaskin was officially orga- flnrt phase of the project in- nized as a town park at a dedication BY PAUL J. PEYTON named, Town Administrator lldward been looking at utilizing the officials bringing in an "overzealous" enforce* ' the tackling of basic topo- ceremony in 1918. The land, includ- A. Gottko noted that the individual as enforcement officers for the code, ment officer. • »l and drainage problems in ing what was then Clark's Pond, was The WestfieldTown Council com- could be an existing member of the with Mr. Gottko given the task of Another areaof debate atnongcoti& In addition, the true beauty obtained by the (own in 1907. pleted its review ofthe proposed ex- departmentoranew individual yet to deciding who should handle Ihe cases. ell members was the maximum pjSttt park was enhanced with the Theparkwasnamedafteroneofthe terior property maintenance code be hired. The officers would have been the ofp^rk lighting and benches. four Indian chiefs who deeded the Tuesday night, with some additional The Public Works Department is building inspector, fire safety officer »longevity, the new lamp In lands now comprising northern New revUioiu to ttecxide. The ordinance currently beingreorganizedand offi- and the health officer. black in color, are made of Jersey,aca»dmgtotnformation about will be on the agenda for introduc- cials are considering hiring a part- Fourth Ward Councilman Deadlines Told the park published in "Images of tion and first leading at the council's time person who may take on Ihe new I^awtence A. Goldman, the Chairman gardens were placed at stra- America: Westfield in The Golden ne« meeting, slatedror this Tuesday, responsibility of enforcing the main- oftbe committee, noted ibat the Town For Submittals , including the fttmtof the Age Postcards." The book, a collec- October7, at 8;30p.m. in the council tenance code along witbanumberof Administrator will have the discre- Ea« Broad Street tionof old postcards, wassuthoredby chambers. / other job responsibilities. tion to chookeanenforcement officer To The Leader Ihe first phase to com- Stanley H. Lipson of Westfield. Under the new revisions, the code Under a previous draft of the ordi- who "has the right attitude and tem- Thojeperiont.
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