Attorney General's News Release

March 6, 2002

Nixon sues developer of never-opened theme park in Stone County for pollution caused by project site erosion

Jefferson City, Mo. — Attorney General Jay Nixon on Tuesday (March 5) filed a lawsuit in Stone County Circuit Court against the developer of a proposed, but never opened, theme park in Reeds Spring because of water pollution caused by erosion from the abandoned site.

Nixon is suing Kenneth Dela Frange Sr. and Frontier Town-Missouri for allowing gravel and silt from the 249-acre site to run into a tributary of Railey Creek after the project was abandoned in late 1999. The sediment makes its way to Railey Creek, which then flows for approximately five miles into the James River, which in turn empties into Table Rock Lake. The property where Frontier Town was being developed is located at the intersection of highways 160 and 248.

Missouri Department of Natural Resources investigators inspecting the site after it was abandoned found that soil control measures had fallen into disrepair and that adequate vegetation to control erosion and runoff had not been established. The MDNR issued notices of violation to Dela Frange and Frontier Town-Missouri for the violations, but no corrective action was taken.

"Water quality of our lakes and streams is particularly important in the areas of Missouri where tourism is a vital part of the economy," Nixon said. "When development of this project came to a halt, the defendants in this lawsuit still had an obligation to see that pollution from the site did not harm the environment. They failed to meet that obligation, and now it appears that an order from the court is needed to stop these violations."

Nixon is asking the court to issue an order prohibiting Dela Frange and Frontier Town-Missouri from any further discharges of sediment, silt and gravel into the creek and requiring them to comply with the terms of their permit from MDNR. Nixon also wants the site restored to its original and natural condition and the court to order the defendants to pay appropriate penalties and costs to the state.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

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