Attorney staying busy with stump dump lawsuits

The dump was operated from 2003 to 2016 by the association on land leased from Blue Mountain Storage.

BELLA VISTA — Lawsuits related to the fire in a former stump dump are keeping the Bella Vista Property Owners Association’s attorney Doug McCash busy. So far there are two active suits, but others could be filed at any time.

In November 2018, two residents — Curtis and Tiffany Macomberm — who live near the stump dump filed a lawsuit alleging Brown’s Tree Service, the association and Blue Mountain Storage were responsible for the underground fire that created hazardous conditions.

The dump was operated from 2003 to 2016 by the association on land leased from Blue Mountain Storage. The dump was a convenience for builders and residents in the area needing to dispose of organic matter including fall leaves.

By the time the fire was discovered burning underground in July 2018, Brown’s Tree Service had purchased the land.

The Macomber’s lawsuit claims smoke from the fire was harming them and their children. A trial is scheduled for April 2021, McCash said.

The association contacted their insurance carriers, but Philadelphia Insurance denied the claim, so the association is suing them. General Manager Tom Judson reported the claims to the association board in July.

In May, the association learned from the state they were considered a “potential responsible party” and would be responsible for some of the costs of extinguishing the fire. They took over the project in order to save both time and money. In early June the fire was declared out.

The association didn’t accept responsibility for the fire, McCash pointed out, they only accepted the responsibility of putting out the fire. It may take a lot of time to determine responsibility, he said.

Last month a new lawsuit was filed by members Michael and Amie Armstrong against former board members. Only one current board member, Chair Ruth Hatcher, was on the board when the dump was operating. The suit contends the board members made a series of bad decisions about the dump. Although they didn’t file the suit or even know it was about to be filed, the association will benefit if the suit is successful, McCash said. The association might be reimbursed for the $4 million spent to put the fire. That money could come from insurance policies protecting board members from liability associated with board decisions.

The association sent a form to the former members named so they could alert the insurance company providing coverage for board decisions. One of the former directors, Jim Parsons, refused to sign the form.

“I am not signing your document request dated January 7, 2019, because, I was never officially a member of the Bella Vista Property Owners Association (BVPOA) Board of Directors, ” he wrote in a Jan. 15 statement. ‘To be an official board of directors member, a newly elected candidate is required to sign a loyalty oath pledging allegiance to the officers of the POA and Cooper Communities, Inc. (CCI)”

Parsons was elected to the board in 2011 and was removed a few weeks later when he refused to sign a conflict of interest statement.

He also filed a suit about the dump, but his was dismissed and the judge ordered him to pay the court costs.

The suit naming the former directors is a “derivative suit,” McCash said. He doesn’t know the Armstrongs and doesn’t know why they decided to file the case. They won’t personally benefit from the settlement.

Some of the former directors have moved out of state and were surprised to find themselves involved, he said. There’s no timeline for settling the case.

Although McCash has invested a lot of time in the law suits, he’s not the only attorney involved. The association has also hired outside counsel, Kutak Rock. They are a large firm with experience in environmental law, he said. They have resources they can draw on, he said.