ELR Citation: ELR 21024
No(s). 91-5282 (E.D. Pa. Oct 15, 1992)

The court holds that the buyer of a mobile home park failed to establish a pattern of racketeering under the Racketeer Influenced and Corrupt Organizations Act (RICO) by the sellers, that the buyer's allegations of fraud were too vague, and that the Federal Water Pollution Control Act (FWPCA) provides no citizen suit civil remedy for wholly past §404 violations. The buyer of a mobile home park claimed that sellers misrepresented that the land was in compliance with state and local environmental laws when in reality, illegal waste was covertly disposed of on the property. The court holds that the buyer failed to establish that the racketeering continued beyond the date the property was sold, or that there is a threat of repetition. The court holds that the buyer failed to satisfy the requirement that the sellers be put on notice of the precise misconduct with which they are charged. The court also holds that even though the violations of the FWPCA are continuing on the property, the past owner no longer has control to abate the problems, and the FWPCA citizen suit provision does not cover wholly past acts.

Counsel for Plaintiff
David A. Flores, Alvin B. Lewis
Hartman, Underhill & Brubaker
221 E. Chestnut St., Lancaster PA 17602
(717) 299-7254

Counsel for Defendants
Melvin E. Newcomer
Kluxen & Newcomer
339 N. Duke St., Lancaster PA 17608
(717) 393-7885