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Judge dismisses lawsuit against owner of plant
Friday, June 30, 2000
EAST LIVERPOOL, Ohio (AP) -- A group of Ohio Valley incinerator opponents that sued Waste Technologies Industries failed to prove that the company's hazardous-waste plant in this eastern Ohio city caused property values to drop, a judge ruled.
Citing lack of evidence, Columbiana County Common Pleas Judge Douglas Jenkins dismissed the 1997 class-action lawsuit Wednesday.
The 32 opponents had sought compensation for diminished property values linked to construction of the incinerator.
They alleged that the company's hazardous-waste incinerator adversely affected the surrounding water, air and land. They sought compensation for diminished property values, arguing that the plant skewed the public's perception of the health and safety of the Ohio Valley area.
"There is not sufficient basis to warrant this court in prolonging litigation in this case by allowing this matter to go to trial before a jury upon mere allegations of misconduct that are not warranted,'' Jenkins wrote in the ruling.
"There is nothing to indicate that anything that the facility is doing (other than its 'stigma' by merely existing) has directly affected the plaintiffs in this cause of action.''
The opponents have 30 days to appeal the dismissal.
The company had filed a countersuit against the opponents but recently dropped it.
Copyright © 2000, The Columbus Dispatch