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ICSC Columbus
Stark dump's neighbors contact lawyers, might claim emotional damage, nuisance
By Bob Downing
Beacon Journal staff writer
Published on Friday, Jan 18, 2008
ZOAR: Neighbors of a Stark County landfill on Thursday supported filing a lawsuit seeking damages from the dump.
Many in the crowd from southern Stark and northern Tuscarawas counties signed up to participate in the proposed suit seeking as-yet-unspecified damages from Countywide Recycling & Disposal Facility, the source of odors and underground fires for two years.
Attorneys Steven D. Bell, of Brecksville, and Robin Greenwald, of Weitz & Luxenberg PC in New York City, addressed the crowd of about 280 in the gymnasium at Tuscarawas Valley High School and answered questions about legal action.
The third law firm involved is Kennedy & Madonna LLP of New York City, whose partners are Robert F. Kennedy Jr. and Kevin Madonna.
The suit is likely to assert claims of property damage, nuisance and emotional distress but not personal injuries, and it will not seek to shut down the landfill, the lawyers said.
Bell said Weitz & Luxenberg has been tracking the Countywide problems for a year and he got involved with some neighbors last spring.
Work on the proposed suit and related research has been under way for months, he said.
The suit is not expected to be a class-action suit, but that could change, Bell said.
Organizer Dwayne Flickinger of Bolivar said the suit was a way to ''try to stop the devastation'' in the area around Countywide.
The mood at the meeting was largely frustration and anger aimed at the 258-acre landfill in Pike Township, and there was a strong desire to see the landfill shut down permanently. The EPA has ordered the landfill to take corrective steps and more orders are expected to deal with the problems that stem from aluminum waste coming into contact with liquids.
The company that owns the landfill said it was not surprised at the threatened suit, but was a little disappointed at the proposed action.
But the people intending to sue d Republic Services Inc. of Florida will likely have ''a tough time showing that anyone was ever damaged or injured by the facility,'' d company spokesman Will Flower said prior to the meeting.
The odors from Countywide might have been a nuisance over the last two years, but there's no proof that the odors injured neighbors, he said.
Landfills might produce unpleasant odors, but so do fast-food restaurants, dry cleaners, printing presses, paint shops and auto mechanic shops, he said.
Dealing with lawsuits and being sued is a part of running a business, Flower said.
But Countywide is largely in compliance or on its way to compliance with all federal, state and local laws, he said.
He denied that Countywide has affected the quality of life or property values of neighbors around the landfill.
Republic Services, the third largest trash disposal company in the country, is confident that the chemical reaction that triggered the odors, underground fires and high temperatures are starting to wane, Flower said.
The company has worked with the EPA and tried to keep neighbors informed about what was happening, he said.
Bob Downing can be reached at 330-996-3745 or bdowning@thebeaconjournal.com.
ZOAR: Neighbors of a Stark County landfill on Thursday supported filing a lawsuit seeking damages from the dump.
Get the full article here.

