Operators of a Trumbull County landfill has reached a $1.2 million tentative settlement of a class action lawsuit filed by neighbors who complained of dust and odors drifting onto surrounding properties.

The proposed settlement, which still needs the approval of U.S. District Court Judge Benita Pearson, involves a suit filed in August 2022 by Leavittsburg resident Mari Nagy who claimed that Lordstown Construction Recovery, also known as Holcim, wasn’t doing enough to contain dust from construction debris at its landfill at 6205 Palmyra Road.

Nagy, who lives less than two-and-a-half miles northwest of landfill, sought more than $5 million in damages on behalf of those living within three miles of the landfill, which the lawsuit estimated are in the hundreds.

The suit alleged 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 included rotten-egg smelling hydrogen sulfide, methane, and carbon dioxide which are byproducts of decomposition.

Nagy described 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 included 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.

The settlement does not include an admission by Lordstown Construction Recovery that any of the plaintiffs claims were valid.

At the time the lawsuit was filed, the Oho EPA had issued nine Notices of Violation to Lordstown Construction Recovery over the previous two years, mostly for alleged excessive emissions.

Judge Pearson has issued an order giving preliminary approval to the settlement which allows people living within three miles of the landfill since the suit was filed to make a claim for part of what remains of the $1,200,000 settlement after lawyers receive up to one-third of the amount for legal fees, and Nagy gets $10,000 for bringing the suit.


The court has scheduled a “Fairness Hearing” on May 29, 2024, when Judge Pearson will consider any objections and decide if she will give the agreement final approval.

In addition to notification by mail, as well as newspaper ads, members of the class action may find information on the website https://www.lsccounsel.com/lordstown which will go “live” after court approval.

In exchange for the payment, class members who don’t opt out will release all claims against Lordstown Construction Recovery.

Those who want part of the settlement will have to submit a Claim Form.

Other options include opting out and retaining a right to sue; objecting to the settlement or doing nothing and remain bound by terms of the settlement without receiving compensation.

In response to the settlement, Holcim Lordstown Construction Recovery Head of US Corporate Communications said: 

At Holcim, our values are built on a continuous focus on health and safety in everything we do. It’s always our goal to protect and maintain the environment in which we live and work. We’ve worked to improve our environmental impact at the Lordstown Construction Recovery (LCR) site by addressing concerns around air quality and odor. We will continue to work with our neighbors and relevant regulatory agencies to maintain the integrity of our LCR site and the environment around us.

We’ve worked closely with the Ohio EPA to address concerns around water quality, waste management and odor. We are in the process of or have already resolved many of the issues and have taken additional steps to improve the environmental impact, including installing a landfill gas collection and control system We also perform routine checks for H2S and odors with calibrated-instrumentation to ensure any issues that may arise are addressed immediately.