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Environmental Division





Section 1
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Recent Environmental Projects

Dayhoit Super Fund Site, Harlan County, Kentucky

Industrial contamination case litigated in Kentucky. A Forrestal member served as a consultant throughout this case with the local appraiser. This case involves a group of homeowners/landowners litigating against Cooper Industries for diminution of property value from the contamination. The contamination of the Cumberland River and the area was caused by PCB's.

18-Story Morris Building & Four Retail Buildings, Philadelphia, Pennsylvania

Subsequent to the Meridian Plaza fire, surrounding structures were found to have suffered water damage and were quarantined by the City for mold and threat of Legionnaire's Disease. Costs to cure were quantified, as well as estimated for stigma and loss of use; three fire fighters lost their lives fighting the 38-story blaze in 1991. Most of this Center City block was eventually demolished due to resistance of the public to accept the partially renovated existing buildings.

Secure Chemical Maintenance Facility, Cincinnati, Ohio

SCMF hazardous waste site was appraised for Real Estate Tax Assessment. The types of hazardous waste were PCB, Dioxin, PCE, and TCE. The Ohio EPA had cited CECOS International. The landfill was later closed.

41-Story Bank One Tower, Phoenix, Arizona

Consultation of potential litigation support of valuation of the high-rise office building found to have been fireproofed with asbestos slurry during construction. Cost scenarios were performed from encapsulation to total abatement. Value stipulated on deductions for total abatement where substance was disturbed for remodeling and encapsulation for other areas. Costs were also deducted for long term monitoring of HVAC systems and presence of friable asbestos.

Advanced Reclamation, Inc., Franklin, Kentucky

Advanced Reclamation, Inc, Owensboro, Kentucky contracted with a Forrestal member to appraise and develop market research on the Triple M. Landfarm-Landfill Class II Permit. The hazardous chemicals were gasoline, diesel fuel, and oil. Research was conducted in several stated to complete this assignment.

Del Rio Landfill, Phoenix, Arizona

Property owners adjacent to closed and capped municipal landfill suspected breach of liner due to odors that seemed to emanate from the subject property. Consultant/Appraiser worked with engineers to determine any event of value impact. Leachate was migrating from the landfill under the subject property, causing a diminution of value. A settlement was negotiated.

PBM Building, Cheaterfield Township, Macomb County, Michigan

Valuation was requested by a Boston-based asset management company. The plating company had been utilizing an underground storage tank for benzene, which was breached by corrosion and resulted in contamination of groundwater. The spill was estimated to have been less than 200 gallons. The State of Michigan provided substantive remediation data, with treatment discounted to present value and deducted. Protracted exposure period required discount for stigma during and after remediation.

Central & Willetta High-rise, Phoenix, Arizona

A national lender required a valuation of planned development site along the Central Avenue Corridor. The existing aged improvements, consisting of retail and office buildings were found to contain friable asbestos. Costs to abate the asbestos were quantified and deducted for the value "as clean".

Miller Electroplating, Inc., Evansville, Indiana

Miller Electroplating, Evansville, Indiana contacted a Forrestal member to appraise a wastewater treatment facility for new construction. They had received Notices of Violations and contamination of heavy metals, hazardous materials, and wastewater. The new wastewater treatment facility was constructed and all Notices of Violations were satisfied.

Butterfield Station Landfill Expansion, Mobile, Arizona

Feasibility and valuation of a virgin landfill site adjacent to the existing municipal landfill was used for litigation support. Appraisal findings were not disputed; plaintiff lost on title issues.

Petroleum Facility, Evansville, Indiana

An Evansville Attorney retained a Forrestal member to perform an appraisal on a before and after basis of a gasoline station in non-compliance. Market extraction of risk rates on this type of property was done. The appraisal was completed based on the uncertainty of contamination, being in non-compliance with state's leak detection laws and the tanks not being properly registered with the state.

Conner Manufacturing, Tempe, Arizona

Consultation to be used in property tax matter, the owners were named as potentially responsible parties, and forced to shoulder some of the burden of groundwater treatment for TCE, DCE, and vinyl chloride, along with byproducts associated with the degradation of the substances. Valuation considered long-term costs to pump and treat the aquifer, along with the protracted exposure period for sale or rent and the impact of the inability to obtain financing. A settle ment was eventually negotiated.

New Convenience Store Facility, Princeton, Indiana

AM Bank, Illinois retained a Forrestal member for appraisal of a new facility including a review of compliance with state and federal regulations. There were no complications.

Weinberger Construction Debris Landfill, Mobile, Arizona

Property owner requested a feasibility and valuation for development of a virgin landfill site, including waste tire disposal. Appraisal was used for financing the development.

Chevron, Madisonville, Kentucky

After leak detection at the Chevron Facility in Madisonville, Kentucky, a Forrestal member was retained to appraise the service station before and after compliance with the leak detection of petroleum products in place. The service station did not sell even when price was reduced by 50%. It was later leased at below market rates.

American Linen, Phoenix, Arizona

Consultation for a property tax matter, the former owners were named responsible parties for surface contamination of the downtown Phoenix site, as well as potential contributors to the State's East Washington groundwater contamination site. Costs of remediation and diminution of value were established, and values were stipulated in a settlement. Issue of contingent liability was not decided.

Radford Meats, Richmond, Indiana

Radford Meats contacted The Forrestal Group for an appraisal of damages to property adjacent to a Shell Service Station contaminated with petroleum products. Partners Gene Stuard and Nick Tillema showed loss of value to adjacent property.

Alma School Landfill, Mesa, Arizona

A valuation was undertaken for the condemnee; on a full taking of this inert materials landfill. The State's offer was significantly diminished due to claims of organic materials and tries buried in the landfill. A total excavation found very little; condemnee prevailed, as virtually all of the excavated material was used in the adjacent freeway ramp by the State. Severance damages were awarded for loss of the void and revenues from billboards at the site.

Rose Brothers, Princeton, Indiana

Rose Brothers of Pike County Indiana and Lynnville National Bank of Lynnville, Indiana contracted with a Forrestal member to appraise land adjacent to a landfill. Solis Waste at this landfill property was permitted. The appraisal indicated no loss in value to the adjacent properties. There were no releases of contaminates and it was a rural area.

43rd Avenue Landfill, Phoenix, Arizona

A closed and capped former landfill, consultation with the Maricopa County Assessor was sufficient to recognize the "vacant" site could not be as marketable as the surrounding industrial sites.

Strip Mine, Providence, Kentucky

Costain Coal Company of Sturgis, Kentucky retained a Forrestal member to appraise any damages to a strip mining operation relating to use of fly ash and scrubbers sludge for reclamation. Solid waste landfill permitted strip mines. Results are unknown.

Tangerine Road Landfill, Pima County, Arizona

Valuation of a partial taking of gravel pit for expansion of the County's municipal landfill. Issues included insufficient buffering planned, eventually allowing leachate to flow into the Santa Cruz River. Value of the partial taking and severance damages were settled out of court, with significant weight carried by Fiene appraisal.

Market Study, Birmingham, Alabama

A Forrestal member conducted a market study of how contamination of Dioxin from a Kimberly Clark Plant might contribute to buyers and sellers reaction and what really happens when a large body of water is contaminated. Case was settled out of court. An extensive case study indicated that there is a loss of market value to properties during certain periods of the contamination.

Market Study, Greenup County, Kentucky

A Market Study of how contamination of PCB's from leaking equipment might contribute to buyers and sellers reaction and what really happens when a small creek is contaminated. Case was settled. Defendant put in several miles of water lines prior to settlement.

Phosphogypsum Stacks, Houston, Texas

Part of a consulting team, a study was undertaken of the slag heaps near Pasadena. A byproduct of the refining of bauxite ore, the slag is radioactive and the ions leashed through the stacks and into the Galveston Aquifer. Upon presenting preliminary findings on epidemiology, the study was terminated by the client.

Martha Fields, Paintsville, Kentucky

Attorneys Cors & Bassett of Cincinnati, Ohio and Mr. Paul David Brown of Paintsville, Kentucky retained Gene Stuard as a consultant in a class action litigation. Ashland Oil Company created radioactivity from oil drilling practices. Some cases have been settled. 

Conoco, Lake Charles, Louisiana

Attorney Pattrice Offenheim, of New Orleans, Louisiana, representing Conoco. Forrestal partners Charles Cummings and Gene Stuard performed appraisals of before and after value to estimate damages, if any, to properties allegedly contaminated by asbestos transite type materials.

Wetlands Appraisal, Evansville, Indiana

General Shale of Jackson, Tennessee required an appraisal of wetlands property. No complications. Assignment completed.

Buildings 425 & 434, Kincheloe Air Force Base, Kincheloe, Michigan

A private corporation was setup to manage and eventually sell off the assets of this contaminated installation. Declared a "Brownfield" site, rents were determined by studying efforts on other similar facilities. The rents for the fabrication plants were supported, with no increases in the foreseeable future.

Louisiana, Contamination, Toxicity Formula

Site An owner caused some contamination. In addition, contamination from the adjacent property, Site B, leached onto Site A. Our members in Louisiana developed a method of measuring the damages contributed by each owner to the total, by using the toxicity of the contaminants and formula to allocate the clean up cost to the two owners.

Rockwell International, Inc., Russellville, Kentucky

Rockwell International plant leached PCB's into town branch and on into about 60 miles of Mud River through Logan County, Kentucky. Extensive testing and studies were conducted during the years of 1987-1994. One group of 47 landowners/farmers was awarded substantial property damages plus a large punitive damage award. A Forrestal member served in case as a consultant in directing research and in the preparation of courtroom exhibits.

Bowser Pump Site, Fort Wayne, Indiana

The City requested an "as is" valuation of the now-vacant site once occupied by Bowser Pump in south central Fort Wayne. The presence of arsenic, lead, cadmium, vanadium and other heavy metal required that at least the top foot of soil be removed and taken to a suitable disposal site. When deducting the costs of soil removal and replacement, the site had a negative value.

White River Fish Kill, Indianapolis, Indiana

The White River Fish Kill was caused by a release of chemicals into the White River that contaminated of 50 miles of the White River through Hamilton, Madison, and Marion Counties. Marion County is the site of Indianapolis. 1,250 properties were affected by the release and Gene Stuard and Nick Tillema of The Forrestal Group, Inc. were retained to prepare a mass appraisal valuation and diminution of property value for the class action litigation. The case was settled in December 2001.

Visteon Ground Water Contamination (TCE), Connersville, Indiana

In the case of Pflum et al.Vs. Visteon in Connersville, Indiana, Visteon caused a release of TCE from prior operations to leach into a large aquifer that crossed several farms in this rural community. Appraisal and consulting work by The Forrestal Group members developed a loss of value from the contamination that resulted in a settlement of the case. Loss of value was developed considering the loss of use of the property, crop loss and the lingering condition of stigma.





Copyright 1998  All rights reserved. Contact: The Forrestal Group, Inc.