Attorney General's News Release

August 18, 2005

Moscow Mills developer jailed again for contempt; ignored court order to make improvements to sewage system

Troy, Mo. — A subdivision developer from Moscow Mills previously jailed for a week last December for contempt of court has been incarcerated again for ignoring a court order. Lincoln County Circuit Judge David Mobley ordered developer Michael T. Flynn to be jailed for contempt for refusing to comply with a court order to make environmental improvements to the wastewater treatment system at the Deer Run Estates subdivision near Troy.

Attorney General Jay Nixon brought the original lawsuit against Flynn because the system was discharging inadequately treated sewage, and Flynn was not properly operating or maintaining the facility. Nixon said Flynn has not made the ordered improvements and has not maintained the necessary construction permit in order to make the improvement.

Judge Mobley had ordered Flynn jailed for contempt last December, but released him under the conditions that he obtain the appropriate permits; collect quarterly samples and submit discharge monitoring reports to the Missouri Department of Natural Resources; and complete the improvements to the satisfaction of the MDNR.

The most recent order from Judge Mobley, dated Aug. 5, says Flynn will remain incarcerated until he submits an updated application and fees for a construction permit; completes the upgrades to the system to the satisfaction of the MDNR; submits a discharge monitoring report to the department immediately after the system is complete; or until the court approves a new plan for Flynn to purge the contempt order.

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