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Hearing set concerning motion for summary judgment

COMMERCE - Attorneys say a lawsuit alleging illegal dumping filed by the City of Commerce against their clients is unconstitutional and want it dismissed. 

Thomas B. Oliman is representing Fountainbleau Management Properties and eight other defendants.

The suit alleges the owners dumped thousands of pounds of asbestos-tainted debris in the local landfill while burying even more on the complex property. Part of the unconstitutional claim has to do with the potential of more than $273 million in penalties.

A hearing is scheduled Monday in district court. Trial is set for mid-June; nearly a year after the suit was originally filed.

According to the litigation, a fire in summer 2008 destroyed one of the buildings at the apartment complex along west Live Oak Street.