TUSTEN —­ Political rivalries and legal action have sharply divided council members in the Town of Tusten.

Councilman Ned Lang is suing two of his colleagues - Supervisor Carol Wingert and Councilwoman Brandi Merolla, as well as Tusten resident Arthur Freer.

“The case has no legal merit whatsoever,” said Wingert. “I can't speak much about the case because it's still pending, but our town attorney agrees that there's no merit.”

Lang's attorney, Marvin Newberg of Monticello, begs to differ. “These complaints were made with town resources for the purpose of hurting Mr. Lang's businesses,” said Newberg, “The defendants have abused their offices and victimized Mr. Lang.”

The lawsuit alleges that Wingert, Merolla and a neighbor named Arthur Freer intentionally made false and defamatory statements to the public and the New York State Department of Environmental Conservation (DEC) concerning Councilman Ned Lang's businesses Enviroventures, Inc. and Lang Industries Inc.

According to the suit, on August 11, 2014, the DEC received a complaint about possible sewage discharge on one of Lang's properties. The DEC visited the site a few days later and found no violations regarding sewage discharge.

The suit also states that on September 15, 2015, the DEC received another anonymous complaint alleging dump truck loads of rotten eggs being unloaded on land controlled by Lang.

In August of 2016, Wingert and Merolla made complaints to the DEC alleging again that Lang was dumping raw sewage on property under his control, according to the suit.

Lang replies in a letter to the DEC that any eggshell remains on his property were not from illegal dumping, but were soil amendments meant to act as fertilizer.

Lang and his attorney argue that the alleged false statements were designed to damage Enviroventures, Inc. and Lang Industries, Inc., both domestic corporations in the business of sewer and septic services.

Previous to the DEC complaints against Enviroventures and Lang Industries, Lang was the plaintiff in a pending First Amendment lawsuit against the Town of Tusten.

Lang and Newberg claim that the complaints made to the DEC were retribution for this lawsuit. They allege the complaints by Wingert and Merolla “were perpetrated with malice and intent to defame,” and they are charging that slander and libel targeting Lang caused damages in the amount of $5,000,000.

The Town of Tusten, like all local municipalities, has legal insurance for these types of situations.

“We're not seeking to hurt the town that Ned loves and works so hard to improve,” said Newberg.