Tom Foley vs. JCI

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chloride, and PCBs, into the Saline River.

Universal Die Casting merged with Ann Arbor-based Hoover Universal, which in turn was acquired by Johnson Controls, Inc., out of Milwaukee. After closing the plant, JCI leased the site for automobile parts storage. Then, in 2006, it was purchased by Saline River Properties. Led by local businessman Tom Foley, the group planned to build a luxury condominium community adjoining the scenic river.

The problem was and is the contamination. In 2003, JCI signed a consent agreement with the EPA, agreeing to make sure that contaminants didn't spread beyond the site. The agreement includes a "cleaning protocol"--a checklist of cleanup criteria, with fines for failure to meet the schedule. But exactly what the agreement required the company to do grew muddy after Foley purchased the property and demolished the old factory buildings. The rubble, which he'd plan to recycle during construction, is still visible from Monroe Street.

In September 2008 the promotional website concentratemedia.com wrote that "cleanup has begun on the contaminated site for The Banks of Saline," adding, "So far more than 225 dump truckloads of toxic soil have been removed." The article quoted Foley as saying, "We are in the process of going forward with utilizing $1 million in brownfield tax credits." While this appeared to be progress, JCI later argued in court that by removing the concrete slabs beneath the buildings, Foley released additional contaminants, making monitoring and cleanup significantly more expensive.