Bay Harbor Residents File Suit Over Contamination

Bay Harbor homeowners Richard and Robin Franks have sued the Bay Harbor Company, CMS Energy and developer David Johnson, alleging that pre-existing kiln dust contamination near their home was never disclosed to them when they purchased their lot on Coastal Ridge Drive in 2001 for $710,000.

The Defendants have filed responses to the suit asking that the case be dismissed. According to lawyers for CMS, the Franks purchased the property "in an as-is condition and specifically subject to soil examination by (the Franks)". Johnson's attorneys, who also represent Bay Harbor, claim in their response to the suit that the Franks were given a "purchase information booklet" that contained disclosures about the kiln dust contamination at the time of the sale. They also characterized the suit as an "extortionist campaign."

A hearing on the Defendants' motion to dismiss the case has been scheduled for March.

Bay Harbor homeowners file lawsuit [TC Record Eagle]