Newspapers / The Brunswick Beacon (Shallotte, … / Dec. 19, 1991, edition 1 / Page 44
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WHO OWNS HA7ARDQUS LANDFILL? Developer Accuses International Paper Company Of Fraud BY TERRY POPE Another lawsuit has been filed in the dispute over * ho owns the for mer Brunswick County lundlill site in Lcland. In the latest suit filed in Bruns wick County District Court, Wil mington West Land Co. is accusing International Paper Co. of traud and says it will not pay for the 1,688 acre tract oil Lanvalc Road. Developers claim International knew the landfill had been listed as a potentially hazardous waste site b> the U.S. Environmental Protection Agency when it sold the tract in November 1988. However, that fact was withheld during the sale "with the intent to deceive" Wilmington West, alleges the complaint filed by Wilmington attorney John F. Carter III. Developers -civ they did not know the landfill was listed as a potential ly hazardous dump unui it was pointed out in Januarv l1^! by the Brunswick County Planning Depart ment. Last month, the legal tables were turned. International filed a lawsuit in Brunswick County Superior Court against Wilmington West, claiming the developers had default ed on its SI. 7 million payment due Nov. 15. Wilmington West, headed by J.B. Gerald of Wilmington, w ho is devel oping Jackcy's Creek Plantauon along N.C. 133 and U.S. 17 in Bclville, purchased the tract for $2.4 million. International's lawyers have asked a Superior Court judge to foreclose on the property. The development company says it stopped paying for the land because of the disputed deed. If it had been pointed out that the 10-acre landfill was a potentially hazardous dump, Wilmington West would not have purchased the tract, the complaint slates. The site was listed by the EPA in 1983 as a potential danger to hu mans, the lawsuit claims. It was placed on the "Superfund List" of the state's Solid Waste Management Division of the N.C. Department of Environment, Health and Natural Resources as a likely hazardous tox ic waste site that needed to be in spected and possibly cleaned up be cause of potential groundwater, sur face water and soil contamination. "TV Superfund program u^es fed eral funds to identity and to remove contaminated materials from areas where they pose a threat to persons or the environment. Part of the land fill was operated as an open dump with unrestricted acccss while as phalt and oil drums were put into the landfill's unlined trenches, the EPA states. Wilmington West wants a jury to rescind the deed and award it dam ages in excess of Si 0,000. The de velopers arc also asking for S 840, (XX) it says was paid to devel op. improve and market the property. During the 1970s, the landfill was leased by Brunswick County from International Paper as a sanitary landfill A permit to operate the site was officially closed out in July 1984 while the site stopped receiv ing solid waste in January 1980. Wilmington West says it has paid S771.016 sincc 1988, or S385.990 in principal and $385,025 in interest for the first and second annual payments. It says a third annual payment of S355,1 1 1 was due last month. Fall Herbs Are In! SHELTON HERB FARM of Winnabow oft Hw y i 7 Gooornar Ra (SH 14*4) Wee Sat 1 0 5 Of Appr 253-5964 Main Street, Shallotte A deed fails lo label the landfill ;l> a potentially hazardous waste site, the lawsuit states. International has known of its status since I98>. 11 claims. By law. deeds are required to suite w hen kind has heen used as a samuirs Iandtill or a disposal site for haz ardous wastes when it is sold, leased, conveyed or transferred, it suites. The deed that records the coinjxi ny's land deal with International does not indicate that part of the land purchased was a former haz anions waste laiulhll. according to documents on file at the Brunswick County Register of Deeds of fice. Wilmington West has attempted to sell at least part of the I />XX acres. It hied a prcliminar) plat v\ nfi the Brunswick County Planning Deportment in December I WO showing plans lor a subdivision over the former dumping ground. Called "Between the Creeks," the plat map sliowed a cul-de-sac and roadway leading to the old landfill site witli I < lots platted on (op ol the former landlill. A company rcprcscnlalivc said Wilmington West had planned to sell the space as garden or recre ational space lor buyers in the planned subdivision and not as building space. flllbrru iChri srmas 10 Lbs. & Up Grade A SELF-BASTING TURKEYS 19 23 Lbs. Average Sliced FREEI WHOLE SMOKED HAMS 87* v 1 Lb.. FOOD LION YOUR CHOICE 27 Lb. We Reserve The Right To Limit Quantities. Dinner Gwaltnev Fresh Grade A 10-14 Lbs. Avg. TURKEYS r Bell, lev Or 4 ><F c 15 0 Each CALIFORNIA TANGERINES/ SEEDLESS NAVEL ORANGES/ PACKAGED RED OR GOLDEN DELICIOUS APPLES USDA Choice Whole Trimmed Beef 5 Lbs. Avg. ^ TENDERLOINS $499 _ "T Lb. 8 Oz. - Food Lion SOUR CREAM 2/ 8 Oz. - Food Lion Cream Cheese CREAM CHEESE V/l IUUWU 89* 69< Food Industry Crusade Against Hunger 10 Oz. - Regular FOOD LION PIE SHELLS 69 <s 16 Oz. - Libby's WHOLE PEELED TOMATOES 2/89* 10.5 Oz. - Food Lion CREAM OF MUSHROOM SOUP 2/990 4.5 Oz. - Buttermilk PILLSBURY BISCUITS 4/ 1 8.25 Oz. - Assorted DUNCAN HINES CAKE MIXES 8.5 Oz. - Jiffy CORN MUFFIN MIX 64 Oz. - Regular/Homestyle TROPICANA PREMIUM ORANGE JUICE 4/B9*-** $1" FOOD LION wil! close at 6:00 p.m. on Christmas Eve, Tuesday, Wednesday, December 25, 1991 . From all the employees at FOOD December 24, 1991 . FOOD LION will be closed on Christmas Day, LION, we wish you a Happy Holiday! 2 Liter - Diet Pepsi & PEPSI COLA 99* 2 liter Mtn. Dew. Diet Mtn. Dew 1.09 12 Oz. 6 Pack Cans Miller, Miller Lite, Miller Genuine Draft and Miller Genuine Draft Light $029 12 Oz. 12 Pack Cans Milwaukee's Best Reg. or Light $449 16 Oz. - Dean's FRENCH ONION DIP 99 0
The Brunswick Beacon (Shallotte, N.C.)
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Dec. 19, 1991, edition 1
44
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