A Pennsylvania real estate developer accused of improper removal practices leading to asbestos exposure was set to be hit with a $1.5 million fine. However, a state court judge reportedly decided the fine should be tossed on the grounds that the judge didn’t think the developer in question could actually pay. However, an appellate panel was recently held at which attorney for the Pennsylvania health department argued that the record-setting fine should never have been thrown out.

The developer, Churchill Community Development LP, allegedly used improper asbestos removal and disposal practices in its work on the former Westinghouse Research Park, located outside Pittsburgh, back in 2017. Initially, the case landed the developer with a $1.5 million fine. But the Court of Common Pleas later took another look at the case and decided that the developer was unable to either prepay or secure a bond for the fine and therefore decided the fine should be thrown out altogether.

But the Allegheny County Health Department argued before the appellate panel of the Commonwealth Court of Pennsylvania that the Court of Common Pleas went “beyond its scope and standard of review” when it revisited the case and subsequently tossed out that fine.

Health Department Asks the Appellate to Overturn Ruling

The health department then asked that the appellate court overturn the new ruling of the lower court. Not only did the lower court improperly revisit the case, but it also incorrectly determined that the developer would be unable to pay, the health department claimed. Indeed, according to the department, computer models showed that Churchill Community Development—along with its principals and associated companies—had the ability to pay the fine.

At the appellate panel, the judges questioned the county’s conclusion that the developer and its associates would be able to pay the fine. The health department’s attorney noted that non-liquid assets like properties and loan proceeds would still factor in as potential assets.

Vikas Jain, one of the principals involved, was separately charged at the end of September with violating the Clean Air Act. Jain allegedly removed asbestos without first securing a permit, improperly had the dangerous material taken to a landfill, and even covered up these illegal removal tactics from officials. CBS Pittsburgh reports that the health department’s report details Jain having unlicensed workers grind up and bag asbestos, with no regard for established safety precautions and procedures.

“The county says hundreds of thousands of feet of asbestos-laden tiles were ripped from the hallways,” CBS Pittsburgh reports.

A growing number of lawsuits are being filed over asbestos—by those who have been diagnosed with cancer after exposure to the material, and also by those who have witnessed improper removal practices that expose workers and passersby to the dangerous material.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The Asbestos Lawsuit is Churchill Community Development et al. v. Allegheny County Health Department, Case No. 208-CD-2019, in the Commonwealth Court of Pennsylvania.