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Wednesday, January 12, 2011
Ind. Gov't. - "Lawsuit threatened over Vissing Park work in Jeffersonville"
David Mann reported Jan. 10th in the Jeffersonville News & Tribune in a long story that begins:
City officials have been served with a notice of intent that threatens legal action related to deforestation that took place at Vissing Park late last year.About 15 acres of the forest were cleared to make way for new softball, soccer and football fields. Mayor Tom Galligan and members of the Jeffersonville City Council have said it was an attempt to reclaim an underutilized portion of the park. However, the clearing has come with opposition from neighbors and naturalists who said the work dropped property values and took away a habitat for wildlife.
Four residents, represented by New Albany attorney Matthew Lorch, filed the notice, which gives the city 60 days to remedy permitting issues. Jason Flickner, Wendy Cooper, Tracy Spence and Rose Stevens, on behalf of the Knob and Valley Audubon Society of Southern Indiana, are among signees. Grasshopper Landscaping & Tree Service, the company that the city hired to clear the forest, also is named in the notice.
The primary issues cited in the notice relate to an unnamed stream — a tributary of Lancassange Creek — that bisects the property. That stream also has drawn the attention of regulatory agencies, including the Indiana Department of Environmental Management and the U.S. Army Corps of Engineers.
The notice states that “the proposed project has previously and continues to unlawfully degrade an unnamed tributary of Lancassange Creek” due to the failure of the city and Grasshopper to acquire the state and federally required permits.
“On information and belief, the city of Jeffersonville and Grasshopper Landscaping & Tree Service Inc. has illegally discharged dredged and/or fill material as well as pollutants and/or stormwater from the project site at will and on every day that it has rained at the project site since the land disturbance occurred,” it said.
The filing — citing the federal Clean Water Act — said each violation subjects the city and Grasshopper to $37,500 per day, per violation in fines. Those behind the filing will also seek declaratory relief that prevents further violations at the site.
“This is an arrogant disregard for the law and nature,” Flickner said in a press release. “We will work to reverse this damage and protect both citizens and the environment.”
Lorch said the city would need to get the permits in order to avoid litigation. City officials have argued that they didn’t need permits to pursue the project.
“This group of individuals is trying to stop the city of Jeffersonville from providing a park for the children and the citizens of Jeffersonville,” said attorney Larry Wilder, who will represent the city on the matter. “That’s the tragedy of all this.”
Posted by Marcia Oddi on January 12, 2011 09:23 AM
Posted to Environment | Indiana Government