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November 5, 2013

Sanitary Board tables final vote on lawsuit settlement

TERRE HAUTE — The Terre Haute Board of Sanitary Commissioners on Tuesday tabled a final vote on a legal settlement to be paid to Atlas Excavating until board members can review a final draft.

The board is expected to vote on the settlement at its Nov. 19 meeting.

Last month, the board approved a $500,000 settlement, pending acceptance from Atlas. Board attorney Terry Modesitt told board members some small revisions were made by the city and accepted by Atlas.

Modesitt said the city and Atlas in the final agreement would each agree that no other legal action would be taken on the issue by either party.

Atlas Excavating in June 2009 filed a lawsuit against the sanitary board over a dispute from a 2007 sanitary sewer extension project for Woodgate subdivision.

The company’s workers were boring a sewer line under a railroad track when they struck a compressed pocket of sand and water that locked up their equipment, which was lost in the incident.

Atlas contended the city failed to do testing that would have signaled the potential trouble in advance. Atlas also claimed the sanitary district canceled the company’s contract without proper notice.

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