SPOTSWOOD – An auto wrecker being sued by the borough over the contamination of public land says a previous property owner is to blame.
The borough is suing Big A Auto Wreckers, owned by Perry and Fernando Giancola, accusing it of causing contamination through the use of a car crusher on land owned by the borough adjacent to the junkard. The Giancola brothers removed the crusher after a survey showed it was on borough land, but tests revealed that the land is now contaminated with fuel-related chemicals.
As the early stages of the case evolved, the Giancolas’ attorneys received permission to add the prior owners of the junkyard as third-party defendants in the lawsuit. The junkyard was formerly called Reilly’s, and was owned by Arthur and Georgia Reilly.
“They claim Reilly is responsible because they used it as a junkyard,” said Borough Attorney Gary Schwartz. “They are bringing in the former owner to pay for the contamination.”
Perry Giancola, reached by phone recently, said he knows he did not contaminate the property. He said he is not sure whether the property was checked for contamination when he was purchasing it because his brother handled that aspect.
When the litigation began, the Giancolas filed a motion asking the court to compel the borough itself to name those owners as direct defendants. Schwartz opposed that motion, saying there is no evidence to suggest anyone else violated the law, other than the Giancolas. The court agreed, he said, but more recently allowed the Giancolas to name the Reillys as third-party defendants.
The Giancolas missed the deadline to file an answer to the lawsuit during the 60 days after the borough filed its legal papers. However, the Giancolas’ attorney was able to convince the court to allow for an answer to be filed late because he had made a good faith effort to bring in the third party previously. The answer has now been submitted, Schwartz said, and the previous owners are named as third-party defendants.
“The court felt that, in the name of justice, they should be permitted to file an answer,” Schwartz said.
The next step in the case is discovery.
Despite the addition of the third party, borough officials’ stance remains unchanged.
“The borough’s position is that its property has been contaminated by the [Giancolas],” Schwartz said.
Borough Council President Curtis Stollen said it was up to the Giancolas to perform due diligence before buying the land in the first place. He said he believes the Giancolas’ use of the area caused the contamination.
The lawsuit asks that the Giancolas perform further tests on the property to give a more thorough account of the contamination that exists there, and for the Giancolas to remediate the property.