The Village of Brockport probably hasn’t suffered enough financial loss at this point to justify a lawsuit against 3M and General Electric, an attorney told the Brockport Village Board at its July 16 meeting.

Steve Schwarz from Faraci and Lang, the Rochester law firm serving as co-counsel in the suit brought by more than 400 Brockport residents against the industrial giants, told trustees that in his research he was unable to locate any case of a municipality bringing suit over the loss of tax base. But Schwarz also said he found nothing to preclude such a case.

The closest analogy Schwarz could draw was the settlement reached between state governments and the tobacco industry.

Brockport residents are suing the companies over contamination that they allege has harmed their health and property values. A handful of properties have had their assessments reduced because of the contamination. The village has maintained that five Oxford Street residences, recently purchased by 3M and scheduled for demolition, will not receive a reduction in assessment.

Schwarz said it is conceivable that more property owners will seek assessment reduction in the future and that at some point a lawsuit may become more feasible. If enough reductions are granted, the village and perhaps other taxing authorities like the school district could prove they’ve suffered a significant loss. He also said that the lawsuit his firm has filed may pave the way for a village claim by proving which firms are responsible for the contamination.

Schwarz expects the residents’ lawsuit will take five years to litigate.

"If I were advising the village," Schwarz said, "documenting what losses are is the first step. When those numbers get to a sizable amount, then that would be the appropriate time to take the risk of litigation."