By KENNETH LIPP/YachatsNews
The owner of a Waldport wrecking yard who has been fighting with the city of Waldport for a year over its operations and cleanup, has filed a lawsuit against the city seeking $2.35 million in damages.
Richard Fidlin of Waldport claims city officials used false allegations of nuisance and environmental violations to prevent him from developing the property, which he says Waldport or Central Coast Fire & Rescue wanted to buy from him.
The lawsuit was filed Dec. 29 in Lincoln County Circuit Court on behalf of Fidlin and four companies he is involved with or controls. Court records show the city was served with the suit Jan. 5. No judge has been assigned or proceedings scheduled in the matter.
Fidlin purchased two acres on the east side of U.S. Highway 101 from Oregon Coast Community College in February 2021 and began storing vehicles and automotive materials there, adjacent to four other properties on Forestry Lane long used as tow and salvage yards.
The properties cover five tax lots and 3.5 acres at the intersection of U.S. Highway 101 and Forestry Lane on the south edge of Waldport. They are filled with wrecked and stored cars and recreational vehicles, cranes and other heavy equipment, and piles upon piles of vehicle parts, scrap metal, vehicles, barrels, batteries and other debris.
The suit alleges that during meetings between Fidlin and Waldport’s city planner in August 2021, the planner told him Central Coast Fire & Rescue was interested in buying the property for a new station. Two fire district board members later expressed “strong interest,” according to the lawsuit, but said they could not make an offer until March 2022. The complaint also claims the city of Waldport tried to buy the property from the college district between 2018 and 2020 for the purpose of co-locating a fire station and city hall.
But instead of following through with the purchase, Fidlin’s lawsuit says, the city illegally interfered with his business operations to keep him from developing the property.
In March 2022, Waldport sent cease and desist letters to Fidlin and business partner Jeremy Gainer, who is not named in the lawsuit, ordering them to stop operations until they cleaned up the property and obtain a city business license, which had been denied based on the condition of the properties. The city said the businesses were violating numerous city codes by running an auto and metal recycling business in a commercial zone, not containing rubbish, trash and debris, creating a fire hazard and public nuisance.
Four companies named as plaintiffs in the suit are involved in the properties — Waldport All Metals Recycling, Coast Towing, B&R Leasing and Newport Motors. According to the Oregon Secretary of State’s business registry, the recycling company’s incorporation was reinstated in December, after a year-long lapse, with Gainer as registered agent. Fidlin is the registered agent for the other three.
Fidlin responded to the city with his own letters, questioning whether they had the authority to shut businesses down short of a “certified” health hazard. He said he was “working very hard” to clean up and had operated the wrecking yards for 20 years without a problem from the city, until he purchased the property he claims the city wanted.
Meanwhile, the city was fining Fidlin and his partner $5,500 a day for continuing to operate in violation of its nuisance code. The city stopped issuing citations after 25 days when fines reached $137,500 and hoped to negotiate a remediation plan when it received notice of Fidlin’s lawsuit.
Waldport city manager Dann Cutter told YachatsNews via email,“As it is now pending litigation, we cannot comment beyond that we view the plaintiff’s allegations as baseless, and we look forward to the legal process allowing the facts to be presented in a court of law.”
The city of Waldport and the fire district are separate entities. Oregon Coast Fire & Rescue Chief Jamie Mason told YachatsNews last April the district looked at vacant land farther east on Forestry Lane but decided it was not feasible.
Lawsuit’s details
Fidlin’s suit claims the city improperly interfered with the operations of Coast Towing and Waldport All Metals Recycling by refusing them a business license. It also says the city tried to have the U.S. Environmental Protection Agency declare the property a brownfield and thus open to condemnation and acquisition.
The suit says the city issued the cease and desist letters without proper notification and levied fines with the knowledge that “there was no immediate health hazard or threat to the environment.”
Fidlin says the city made unjustified complaints to the Oregon Department of Environmental Quality and told other officials DEQ was investigating when, in fact, the agency already closed the case after an inspection.
DEQ spokesman Dylan Darling told YachatsNews an investigation into Fidlin’s clearing of the former Oregon Coast Community College property without obtaining stormwater permits is still under review and there is no set timetable for resolving it.
“Separately, a DEQ hazardous waste inspector worked with Coast Towing through our hazardous waste technical assistance program to address lead acid batteries, used antifreeze and used oil at the business,” Darling said. “DEQ also provided technical assistance to Coast Towing regarding tires.”
Fidlin’s suit claims the city made false representations to law enforcement agencies in an attempt to get Coast Towing drivers cited or arrested, as well as have the company removed from the non-preference tow list for crashes and impounds. He further alleges that the city made false representations to YachatsNews and illegally operated a drone over his property to surveil it.
The complaint says the city violated the four companies’ civil rights by wrongfully interfering with their operations, and it asks for damages to be paid to each. Fidlin also claims the city defamed him personally.
The suit seeks a total of $1.6 million in economic damages to Coast Towing, $200,000 in damages to Waldport All Metals Recycling, $300,000 to B&R Recycling, and $200,000 to Newport Motors. It also asks for $50,000 for Fidlin’s claim of defamation, plus attorney fees.
- Kenneth Lipp is YachatsNews’ full-time reporter and can be reached at KenLipp@YachatsNews.com
FYI. Our house is directly across the street from this dump site. The hazard is from these cars, trucks… are leaking motor oil and more into the soil. You can actually see it. Our biggest concern is the oils getting into the water. I was hoping the Environmental Protection Agency would take care of it. Otherwise Flidlin’s company should be fined daily until it’s cleaned up. I haven’t seen any changes. Thank You.
I don’t understand the leniency and procrastination …
This is very serious for the environment.
The ‘new culture’ of entitlement and counter-suing by people who lack any integrity, maturity, and accountability has to be stopped quickly.
I hope the courts throw out that owner’s lawsuit quickly, and force him to clean up his mess.
Thank you.