Lordstown landfill sued for $5M by neighbor over dust and odor allegations
A Leavittsburg woman has filed a more than $5 million class action negligence and nuisance lawsuit alleging that a nearby landfill isn’t doing enough to prevent dust and smelly odors from drifting onto neighboring properties.
Mari Nagy lives less than two-and-a-half miles northwest of Lordstown Construction Recovery, which accepts construction debris at its landfill located at 6205 Palmyra Road.
Nagy’s complaint seeking more than $5 million in damages was filed Thursday in U.S. District Court on behalf of those living within three miles of the landfill, which the lawsuit estimates are in the thousands.
The suit alleges that the landfill releases noxious odors and dust that drifts to her property, causing damage and hurting property values.
Among the landfill gases allegedly emitted include hydrogen sulfide, methane, and carbon dioxide which are byproducts of decomposition.
The complaint says hydrogen sulfide is especially offensive with its “rotten-egg” smell.
Nagy describes the odors and dust as “awful”, saying the “stench” comes in through open windows.
“The smell gives my daughter instant headaches. The dust covers everything in my home and causes allergies. The smell is awful causing no enjoyment of activities outdoors,” Nagy is quoted as saying in the lawsuit.
The complaint also includes complaints from owners of three other properties near the landfill describing the odor as “skunk-like”, saying the dust forces them inside their homes and closing the windows.
According to the lawsuit, the Oho EPA has issued nine Notices of Violation to Lordstown Construction Recovery over the past two years, mostly for alleged excessive emissions.
A judge is being asked to declare the lawsuit a class action and seeks a jury trial.
Lordstown Construction Recovery has not filed an answer to the complaint.
21 News has reached out to company officials via email, but as of Friday morning has not received a response.
The suit was filed by attorney Daniel Petrov of Shaker Heights, Ohio.