AeroTech’s lawsuit against fire department dismissed

Jace Radke

Tuesday, Dec. 9, 2003 | 9:40 a.m.

A federal judge has dismissed a lawsuit that alleged the Clark County Fire Department violated the Fourth Amendment during an investigation of a model rocket plant after it was destroyed by a chemical fire in October 2001.

U.S. District Judge Philip Pro granted motions to dismiss the case last week after the plaintiff, AeroTech Inc., failed to obtain counsel.

AeroTech operated a plant on Palm Street near Boulder Highway where a fire started on Oct. 15, 2001. 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.

The lawsuit alleged 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 the cause of the fire.

Pro had deferred the motions to dismiss the suit to give AeroTech time to find a lawyer to represent the company, but AeroTech failed to obtain counsel.

Clark County, the fire department, Fire Chief Earl Greene, two fire investigators and Titanium Metals Corp. were listed as defendants in the case.

There are two civil suits filed against AeroTech in Clark County District Court. The plaintiffs in the suits are Progressive Insurance Co. and Westport Insurance Co.

The fire's legacy has been stronger county zoning rules to keep similar industrial plants away from residential areas.

Clark County fire officials conduct unannounced hazardous materials inspections at plants that use hazardous materials, and a hazardous materials unit is available around the clock.