Cueto resets hearing in family lawsuit over property

By Christina Stueve Hodges | Nov 5, 2012

Penni Livingston

St. Clair County Circuit Judge Lloyd Cueto on Oct. 30 granted the defense 10 days to file an answer to a lawsuit in a mother’s suit against her son over allegations he dumped gasoline-contaminated soil onto her Belleville property.

Cueto reset the hearing on a motion for summary judgment to Nov. 14.

Cueto on Aug. 2 denied a defense motion to dismiss the lawsuit.

Adeline Fournie sued her son Kenneth Fournie in October, 2011, 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 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.

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