Attorney General's News Release

July 5, 2005

Nixon takes legal action against developers of Benton County subdivision for inadequate water, sewer systems

Warsaw, Mo. — The developers of a Benton County subdivision that left 40 families with "woefully inadequate" water and sewage systems are the target of a lawsuit filed by Attorney General Jay Nixon.

A lawsuit filed today in Benton County Circuit Court names Barry Hurst, of Cookson, Okla., and Glen Bain, of Belton, Mo., as defendants. About 10 years ago, the two developed Sun Valley Subdivision, which was platted for more than 100 families. Currently, about 40 families live in Sun Valley, which is located near Tightwad.

Nixon says Hurst and Bain initially relied on two water wells to serve the entire development, but that the wells are inadequate to serve the number of families living there, and that the wells never received permits from the state Department of Natural Resources (DNR), as required for a public water supply. Nixon also alleges the two never tested the wells for bacterial or chemical contamination as required by law, nor have they notified the public regarding violations.

The lawsuit also alleges that Hurst and Bain never completed the second cell of a two-cell sewer lagoon, resulting in raw sewage running into a tributary of Truman Lake. In addition, the lawsuit alleges that an attempt was made to remove vegetation from the lagoon by dousing it with gasoline and setting it fire — with the gasoline also finding its way to Truman Lake.

"For more than four years, these two have ignored the state's requests to address these violations, and are using the excuse that they no longer own the lots they sold to hard-working families," Nixon said. "Perhaps a trip to the courthouse will remind these gentlemen that they can't leave a mess behind and expect someone else to pick up the bill."

Nixon is asking the court to order regular monitoring for contaminants in the water wells and an engineering study detailing the necessary improvements required to meet state health standards. Hurst and Bain would then be required to make those improvements. Nixon also is requesting the court to order the necessary improvements to bring the sewer system up to required standards.

The lawsuit also asks the court to assess monetary penalties, court costs, and attorney's fees against the two developers.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818