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Wednesday, August 24, 2005

JEREMIAH STETTLER

THE SAGINAW NEWS

The fate of a second class action lawsuit against Dow Chemical Co. will remain in limbo a bit longer.

Saginaw County Chief Circuit Judge Leopold P. Borrello has shelved a lawsuit that accuses Dow of depressing property values along the Tittabawassee River because of dioxin contamination.

The litigants, Howard and Barbara Steinmetz, want the chemical giant to pay for damages to their Saginaw Township property and to others along the river.

A near-identical claim, different only in the size of the class, already is before the court.

In a hearing conducted entirely in the judge's chambers Tuesday, Borrello ruled that he must decide whether to allow the first lawsuit to go forward before ruling on the second.

The Saginaw News could not reach the Steinmetzes for comment, but their attorney said the ruling is not a bad omen for the case.

"There are no tea leaves here," said Jason T. Thompson, a Detroit-based attorney who represents the couple in a lawsuit filed last month. "(The judge) is just going to rule on that motion first."

The first claim, filed by Gary and Kathy Henry of Tittabawassee Township in March 2003, now awaits a hearing to decide whether it gains class-action status. If certified, the lawsuit could include about 2,000 properties along the river.

The hearing is scheduled at 9 a.m. Thursday, Sept. 15. v

Jeremiah Stettler is a staff writer at the Saginaw News. You may reach him at 776-9685.