Suit: chemicals migrated to three properties

A lawsuit alleging that three parcels next to a Peachtree City gas station were contaminated by the business is likely headed for a jury trial later this year.

The suit, initially filed by Bellsouth and later joined by Peachtree City Holdings, alleges that contaminated material leaked underground from storage tanks at the Pit Stop gas station on Petrol Pointe and onto Bellsouth’s property and two nearby undeveloped tracts of land owned by PCH.

Bellsouth and PCH initially filed separate suits but the court has merged them into one after mediation in the PCH case failed.

Bellsouth’s suit, filed back in 2004, alleges that more than $260,000 was spent to remediate soil on its tract that had been damaged by the contamination of petroleum products which originated at the Pit Stop.

In its response to the suit, Pit Stop parent company The Hyde Group claimed none of its actions led to the contamination.

“Defendants expressly deny that the ‘source’ of the contaminant plume is the operations of the Pit Stop,” THG said in an answer to the initial lawsuit.

Peachtree CIty Holdings, a subsidiary of Pathway Communities, filed its lawsuit in September, alleging that the Pit Stop failed to notify PCH when it determined in 2003 and 2004 that the contamination plume from its underground storage tanks had reached the PCH parcels.

Further, the suit claims that The Hyde Group has failed to live up to an agreement signed in 2005 to investigate the release of the contaminants.

In court filings The Hyde Group denies the existence of such a contract. THG also claims that the damages alleged in the complaint were not caused by any of the defendants in the case, and that PCH has previously waived its rights to such claims.

The Hyde Group was aware of the contamination problem dating back to 1993, the suit claims.

PCH is asking the court to enjoin The Hyde Group from all gas or diesel fuel sales until the contamination can be cleaned up.

In addition to nuisance damages, the suit is also seeking damages for negligence, claiming that the defendants “were negligent in failing to warn plaintiff of the inevitable entry of the contamination plume originating from the Pit Stop.”

The breach of contract claim arises from PCH’s position that The Hyde Group failed to provide all reports, field data, logs, drawings, surveys, analytical results and other information relating to the investigation.

In both suits, The Hyde Group alleges that the statute of limitations has passed upon which the plaintiffs could recover damages.