Hainesport waste-transfer company files suit against complaining neighbor

For more than two years, these Hainesport neighbors have been feuding like the Hatfields and the McCoys.

On one side of the fence is Steve Thomas, who has kept close watch over the next-door property, even photographing activities there from his backyard tree perch, 30 feet off the ground.

Thomas has planted numbered flags marking pieces of trash that, he said, blew over from the other side, and he has made scores of complaints to local, state and federal authorities about noise, odors and other health and environmental concerns.

On the other side of the fence is the Hainesport Industrial Railroad, a federally regulated, short-line rail line and solid-waste transfer station where trucks drop off building-demolition debris.

This month, the company fired back with a lawsuit seeking unspecified damages for alleged defamation, harassment and trespassing.

The suit, which also lists 10 unnamed Thomas neighbors as defendants, claims Thomas and his wife, Donna, have made scores of false accusations against the railroad and want the railroad to buy their Cape Cod-style home for the "vastly-inflated" price of $1,650,000.

"The Thomases repeatedly published false and malicious information regarding HIRR's [Hainesport Industrial Railroad's] lawful operations to every state and federal authority that they could identify with potential jurisdiction over any operations at the HIRR site," said the suit, which was filed last week.

"The Thomases repeatedly published information to the press, and on signs posted on the front of their property . . . which information was either known to be false at the time made, or made in reckless disregard of the truth."

The suit also claims the Thomases have unlawfully trespassed on the rail site "in order to gather items to be presented to public authorities as items found on their own property."

Steve Thomas, former second assistant chief of the Hainesport fire department, yesterday denied making false claims or trespassing on the rail site.

What's more, he said he remains so concerned about the health risks to his family and so frustrated by what he believes is government inaction that he plans to move out - with or without a buyer - sometime in May.

Thomas said his lawyer had earlier suggested offering his house for sale at a commercial rate "because it won't be a residential site with this [railroad trash-transfer facility] backing up to it.

"We're selling the property as is," he said. "We are moving on with our lives. We don't deserve this."

Karen M. Murray, attorney for Hainesport Industrial Railroad, said yesterday that the business has been responsive to neighbors' concerns and extended a sound barrier along the property.

"We know he [Steve Thomas] has tried to interfere," she said. "He's called the DEP [state Department of Environmental Protection] about a problem while a DEP official was on the site about an earlier complaint. And that official then didn't find any problem. . . .

"The Hainesport Industrial Railroad has had issues and it has dealt with them."