Former ASG employees file suit

DAYTON - Eight former employees of a Dayton gas manufacturing plant have taken legal action against those they claim are responsible for the loss of their jobs.

However, Lyon County District Attorney Leon Aberasturi said the suit was a waste of their time and will not be successful.

Named in the suit are the Central Lyon County Fire District and former Chief Bill Driscoll, in both professional and personal capacities; Lyon County Commission Chairman Bob Milz, in both professional and personal capacities; Nevada Department of Environmental Protection Bureau of Waste Management Supervisor Mark Zusy, in both professional and personal capacities; Landmark Homes Development and James Bawden; Citizens for Safe and Clean Industry, Barbara Peck and Dee Scott

The suit was mailed to Lyon County's Third Judicial District Court on Friday and filed Wednesday. Reno Attorney Thomas Hale is representing the former employees of Advanced Specialty Gases .

Former employees John Depola, Wayne DeRossett, Gary Onstott, Floyd Birdsell,Jr, Brian Key, Carol Schweizer, Daren Davenport, Eric Roberts claim the defendants have entered into agreements, either real or implied, to prevent them from working at ASG, for their own personal gain, and the defendants are using their combined personal interests to cloud or change the facts to keep ASG from reopening.

Aberasturi said Wednesday he felt the plaintiffs (employees) should not have taken the effort to file the suit.

"Based on what I have seen, I wouldn't be surprised if the court awards the attorney fees to the defendants. The plaintiffs are in deep trouble with this one. If their intent is collecting some quick money, they will have a hard time collecting any money on a nuisance suit. It will never happen."

-- Central Lyon County Fire District and Landmark Homes: CLCFD's close relationship with Landmark Homes, involving Landmark's donation of land for the firehouse and financing arrangements causes the plaintiffs to believe there is a conspiracy between the two entities to further the financial position of Landmark Homes.

-- Bill Driscoll: Plaintiffs claim he chose to further the interests of Landmark Homes and personally made the statement that if ASG required emergency assistance, he would not respond. They point out Driscoll has a real estate agent's license and would be in a position to assist Landmark Homes in the sale of new homes at a personal profit.

-- Mark Zusy: Untruthfully characterized the accident at ASG as a "near fatal accident" with the intent of arousing additional unfounded animosity against ASG.

-- Bob Milz: Used his position as a commissioner to further the financial positions of Landmark Homes.

-- Citizens for Safe and Clean Industry, Barbara Peck and Dee Scott: Have distributed a "fact sheet" that grossly misstates the fact associated with ASG. The impetus for this stance is Scott's position as a real estate agent in the Dayton area with close ties and business relationships with Landmark Homes.

The workers are asking that the defendants provide full documentation relating to their financial interests relating to the issue; the plaintiffs be reimbursed court costs and lost wages; that ASG be allowed to reopen immediately while those without financial interests in the matter resolve the problems at hand; and the defendants provide all factual information on which they base their opposition the reopening of ASG.

According to Aberasturi, district legal counsel will cover the Fire District and Driscoll. County and state legal counsel would represent Milz and Zusy, but the remaining defendants will have to hire their own attorneys.