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Order amid Chaos

Judge throws out pollution lawsuit

Published in the Asbury Park Press

By MICHAEL AMSEL
TOMS RIVER BUREAU

MANCHESTER -- Residents of the Pine Lake Park section say they are relieved that a Superior Court judge has tossed out a lawsuit that alleged they helped cause the pollution that contaminated their water system in the late 1980s.

"Finally, I think we are through with this," said Marianne Borthwick, president of the Pine Lake Park Association for a Better Community. "Everyone is very relieved. Many of the people here weren't covered by their homeowners insurance, and they were worried."

The lawsuit had its origins in the summer of 1987, when abnormal readings on water tests at neighborhood wells led the state to finance a new water system for Pine Lake Park. State officials blamed a Route 37 business called South Brunswick Asphalt for the pollution and, this past summer, sued it for millions in fines.

South Brunswick Asphalt, in turn, filed a countersuit against the 1,046 residents, the township and the state Department of Environmental Protection, seeking reimbursement of money paid to residents.

Superior Court Judge Frank A. Buczynski Jr. dismissed all charges last week.

"The judge felt that since we were given compensation by the DEP, we were not the source of the pollution," Borthwick said. "We thought it was going to be a long, drawn-out process and an expensive one. But our attorney, Charles Starkey, did a great job and we are very thankful for his efforts."

Starkey represented the homeowners in their successful 1990 attempt to obtain $14 million from the state to pay for the new water system.

Published in the Asbury Park Press 5/10/03

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