RELATED: Company sues garden center owners for $10 million in asbestos dispute
The attorney for Dan Powers has alleged that the Kossoudjis didn’t disclose that asbestos was included in debris the construction company hauled away. The company has asked for $10 million in damages, alleging that Powers’ business is now banned from multiple dump sites.
But the property where the ground-up asbestos was — a different site than where the North Dayton Garden Center is now — was in the process of being sold. Kossoudji’s attorney said Mured Shakhpndarov, the new prospective owner, is the one who contracted with Powers.
“Mured (Shakhpndarov) and his company contracted with Dan Powers to basically scrape the top couple inches off and haul it away, so there was no contract ever between Dan Powers and Kossoudji,” attorney Matthew Sorg said. “It was between the subsequent buyer and Dan Powers.”
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The property in question at 1927 Troy St. in Dayton was the site of part of the garden center a half-century ago, but a third party ground up a greenhouse that included some asbestos.
Sorg said Shakhpndarov signed the contract to have it cleaned up before he closed on buying the property, which he was going to use to park semis.
“He didn’t wait one week, even though the contract hadn’t gone under closing yet, that’s why the Kossoudji’s were still in it, technically, even though they had nothing to do with the contracts,” Sorg said. “He just kind of jumped the gun.”
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Powers’ attorney Harrison Green has asked to amend his complaint, but the Kossoudjis are still included as defendants. Sorg declined to comment on the record about that decision.
The amended complaint lists Ramiz Ukhtiyayev as the statutory agent for EZ Transport LLC.
Sorg said the property on Troy Street has been remediated according to Regional Air Pollution Control Agency standards. Sorg said he will try to get the lawsuit dismissed.
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