Saturday, July 7, 2012

NH Property Owners Reach $110K Settlement With State AG Over Allegations Of Unlawful Asbestos Removal In Connection With Demolition Work

In Concord, New Hampshire, Legal Newsline reports:

  • New Hampshire Attorney General Michael Delaney and Department of Environmental Services Commissioner Thomas Burack have announced a $110,000 settlement with a group of landowners to resolve allegations of unlawful asbestos removal.

  • M&E Jespersen Realty LLC, Holgate Limited Partnership, Harrington Irrevocable Trust and William Hopkins, Jr., were named as defendants in the settlement, which was announced Thursday. Michael J. Davis, an additional party, is subject to a final default judgment.

  • M&E Jespersen Realty bought a Dover property from the Holgate Limited Partnership that was run by Hopkins and the Harrington Irrevocable Trust.

  • Michael J. Davis, doing business as Do It All Davis, is the contractor who did the demolition work on the Dover property and was responsible for the disposal of the asbestos-containing materials.

  • Delaney's office alleged that the state received no prior notice before the former commercial building was destroyed. Notice is required in New Hampshire regardless of whether or not asbestos is thought to be present as such notice gives the state an opportunity to determine if asbestos or asbestos abatement testing should be done.

  • The defendants allegedly knew or should have known that the building contained significant quantities of asbestos because they previously obtained an environmental report on the property. The report said that the building contained approximately 10,000 square feet of asbestos, mostly in mastic floor tiles and roofing material.

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