NJ appealing ruling on contaminated day care site

May 9, 2009 7:51:57 PM PDT
The legal battle will continue over who should pay for the $1 million cleanup of a New Jersey day care center where children were exposed to mercury. The state Department of Environmental Protection says it will appeal last week's ruling by a state judge, who voided the deed to the Kiddie Kollege building in Gloucester County.

The judge said the real estate broker who acquired the Franklin Township site in a tax-lien sale and foreclosure process wasn't adequately warned it was contaminated and is not responsible for the cleanup costs.

The DEP had planned to demolish the building and bill the owner.

About 100 children were exposed to mercury vapors at the center, which was on the site of a former thermometer factory. It was closed in July 2006 after officials found high mercury levels.

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