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Drainage Culvert

Fort Smith, AR: (Dec-03-07) Paul and Shannon Burns, owners of the Owl's Roost Cafe, brought a lawsuit against Altus City, alleging that the city damaged their property by using hazardous material as fill for a 2001 drainage project. The suit claimed that the fill material used when installing the culvert, which contained debris that included asbestos from a nearby building demolition site. In their suit, filed in Franklin County Circuit Court on May 25, 2007 the Burnses claimed the city caused irreparable harm to the property when it installed a 48-inch drainage culvert that crossed a portion of their property, which is adjacent to the city's recycling center on US 64 near Carbon Plant Road. The suit claims the city was aware at the time the hazardous material was present. As part of a settlement reached, the city agreed to pay Paul and Shannon Burns $19,441 to resolve allegations. Under the agreement, the city is also responsible for continuing cleanup at the site. [TIMES RECORD: HAZARDOUS FILL]

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Published on Dec-5-07


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