Fed judge to rule on Aerotech suit

Jace Radke

Wednesday, Aug. 21, 2002 | 9:06 a.m.

A federal judge will decide whether to dismiss a lawsuit alleging Fourth Amendment violations by the Clark County Fire Department during an investigation of a model rocket plant that was destroyed by a chemical fire in October.

U.S. District Judge Philip Pro heard arguments Tuesday and is expected to make his decision within the next week.

The suit, filed by Aerotech Inc., alleges that the fire department violated the company's protection against unreasonable search and seizure when investigators returned to the fire scene to collect evidence to try to determine what caused the fire.

Walter Cannon, an attorney for the county, argued that a commercial tenant has no reasonable expectation of privacy in the ashes and debris lying in a gutted structure.

The three-alarm fire started at the plant on Palm Street near Boulder Highway Oct. 15. The initial blaze was quickly extinguished, but a barrel of water-soaked magnesium at the plant later erupted, causing a fire that burned for more than 24 hours.

One worker at the plant was killed in the blaze that caused an estimated $12 million in damage.

Clark County, the fire department, Fire Chief Earl Greene, two fire investigators and Titanium Metals Corp. are all named as defendants in the suit.

A Titanium Metals Corp. hazardous materials crew was called in to consult with fire officials about how to best put out the magnesium-fueled fire.

Pro is considering motions to dismiss the case from all the defendants, and concerns from Aerotech attorneys that the company would be unable to defend itself against or prosecute possible civil claims against other parties due to the alleged unlawful searches and seizures.