Asbestos NESHAP Applies to Friedman and Schmitt

In the present case, Friedman & Schmitt’s Answer states as follows:

The allegations giving rise to this action * * * concern the renovation and/or demolition of property forming part of Town & Country Village, a shopping complex in Sacramento, California. Respondent MORTON FRIEDMAN was the owner of the property in August, 1997, when the alleged violations occurred. * * * Altogether, there were ten buildings involved in the development project in the summer and fall of 1997, as indicated on the attached map.

From this statement in their Answer, Friedman & Schmitt have admitted that the work performed at the 10 to 11 buildings was part of a single construction project for the development of a shopping mall.

The record also demonstrates that Schmitt’s removal of the linoleum from the Calderwood Apartments was part of Friedman & Schmitt’s overall Town & Country Village redevelopment project undertaken in the summer of 1997.

In particular, Mr. Friedman demolished the Calderwood Apartments on the side of Calderwood Lane adjacent to the Town & Country Village, and combined that portion of the Calderwood Apartments with the Town & Country Village, at 298, in order to construct a larger building to attract an anchor grocery store to the Town & Country Village, at 296.

As noted in the factual background above, Friedman & Schmitt’s counsel succinctly described the development project as follows:

"Back in the summer of 1997, there was a major renovation project that was going on at the Town & Country Village. * * * There were * * * either 10 or 12 buildings, actually, that were going through renovation or demolition stage to make way for some larger buildings."