The Elephant's Walk (copy)

The site plan for The Elephant’s Walk planned for the downtown Winston revitalization project prepared by i.e. Engineering. This includes a property on 40 SE Main Street, which according to a recently filed civil suit was not properly assessed. 

A company that intended to develop a property in Winston has filed a complaint against an environmental specialist who allegedly failed to determine that the site had formerly housed a gas station and was polluted.

Scott Carroll can be reached at or 541-957-4204. Or follow him on Twitter @scottcarroll15.

React to this story:


Recommended for you

(2) comments


If this article is correct, the main force of the suit revolves around one business not finding something hidden, specifically "...allegedly failed to determine that the site had formerly housed a gas station and was polluted."

I certainly don't know enough to form any sort of legal opinion, but I'll give you one point to ponder: If you own a piece of property, you own all the liability. I don't know if the property was purchased prior to examination, or if the purchase was made after. Nor do we know from this article if the work performed was as stipulated by contract and the plaintiff basically got what he ordered and paid for, or if work was skipped and/or otherwise negligent.

Nor do we know if the new property owner had any prior knowledge that a gas station had been there previously, but from my experience it would be very unbelievable to hear that the new owner was ignorant of that fact. If -- IF the new property owner figured he could get his clean-up paid for by suing his engineering consultant (basically kicking the expense back to an insurance payer), then that would simply be a despicable action.


The article actually states that the inspection was done prior to purchase. Had the inspector done their due diligence, the information would have been recorded and the purchaser would have been able to decide if the clean-up costs were within their budget for development.

Welcome to the discussion.

Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.