WABASH,Indiana – Friday morning, a contempt hearing was held in the continuing case of IDEM v. Dyson in the Wabash County Circuit Court. Dyson Brothers, LLC, and members of the Dyson family own the former Celotex property in Lagro. As per a permanent injunction issued by the Wabash Circuit Court on June 28, 2013, the Dyson family was ordered not to farm on 25 acres of the former manufacturing facility after the Indiana Department of Environmental Management said they discovered asbestos in the soil of part of the property.
Friday morning’s contempt hearing revolved around the Dyson family’s planting of crops on the land – despite the injunction – noticed by IDEM monitors in September 2015. Outside the Wabash County Judicial Center Friday morning, several dozen Dyson supporters gathered before making their way up the third floor courtroom amid tight security. The previous judge in the case, Robert McCallen III, recused himself and so Adams County Judge Chad Kukelhan presided over the court on Friday.
Timothy Junk, IDEM’s Attorney, presented evidence that asbestos was found on 25 acres of the property above an old landfill on the site and that any plowing would stir it up. Junk asked the judge to enforce the previous court order not to plow before the planting season begins. IDEM also asked for sanctions to be levied on the Dyson’s, notably the amount of profit gained on farming 25 acres.
Members of the Dyson family, who represented themselves in the courtroom, would not even approach the bench or sit at council’s table, instead preferring the gallery. Unfortunately for them, Judge Kukelhan did not grant any of their objections because, in part, they could not see the documents they were objecting to from 15 feet away. The Dyson family argued that the white crystalline substance found by IDEM on the property was not asbestos at all. One of the tenants of their argument is that they have no agreement with IDEM and never signed a contract with the agency. They also called the on-goings in the court a “criminal activity.” Dennis Allen.
Judge Kukelhan took the matter under advisement and is expected to making a ruling on Friday, April 15th.