St. Clair County Circuit Judge Lloyd Cueto on Thursday denied a defense motion to dismiss a mother's suit against her son over allegations he dumped gasoline-contaminated soil onto her Belleville property.
Cueto also continued a hearing on a defense motion for summary judgment.
Adeline Fournie sued her son Kenneth Fournie last October claiming he dumped contaminated waste onto her property which cost approximately $144,000 to clean up.
She died in January. Her sons, James and Joseph Fournie - and the defendant's brothers - are the new plaintiffs in the case, according to court documents.
"The lawsuit was filed for one reason: spite, on the part of James and Joseph Fournie," according to Kenneth Fournie's July 27 motion for summary judgment.
The motion also states that former plaintiff, Adeline Fournie, and Kenneth Fournie each signed "under oath" pleadings, but Adeline's sons refused to go under oath and swear to the truth of their accusations.
"The plaintiff's refusal to abide by the rules mandates a defense judgment in the case," the motion states.
"Presumably, if they themselves believed in the truth of their case, they would have complied with the rule and filed a sworn amended complaint. They did not. Illinois law requires them to have done so. Judgment must be entered in favor of the defendant, Kenneth Fournie."
The lawsuit seeks a finding that Kenneth Fournie created a nuisance, a finding his actions caused injuries to Adeline Fournie's property and a finding that he created a nuisance and owes compensatory damages of $144,000, plus costs.
Penni S. Livingston of Livingston Law Firm in Fairview Heights represents the plaintiffs.
Eric Rhein represents Kenneth Fournie.
St. Clair County Circuit Court case number: 11-L-601.