DES MOINES -- A lawsuit filed by the state is alleging a Jesup convenience store owner fraudulently sold less expensive E85 fuel labeled as regular unleaded and 10 percent ethanol blends at two northeast Iowa convenience stores.

The lawsuit, filed in Black Hawk County District Court, names Jerry Fratzke as a defendant. Fratzke owns Pronto Markets in Sumner and Fairbank as well as other locations.

The Iowa Attorney General's Office filed the lawsuit after an investigation by the Weights and Measures Bureau of the Iowa Department of Agriculture and Land Stewardship.

The lawsuit, filed Aug. 13, successfully sought a temporary restraining order prohibiting the stores from selling E85 fuel. A hearing on the matter is set for Sept. 22.

Retailers can buy E85 at lower prices than other fuels. But the fuel can damage vehicles not specifically designed to run on E85, which is made of 70 to 85 percent ethanol. The lawsuit also asks for Fratzke to reimburse customers and to be assessed civil penalties of up to $40,000 for each violation.

Fratzke said Monday he had not been aware of the lawsuit, and did not believe they committed any wrongdoing.

"We'll try to settle the matter with the Attorney General," Fratzke said. >
Charlotte Eby can be reached at 515-243-0138 or chareby@aol.com.