Arbor Hills Landfill Class Action Settlement

Residents in the vicinity of the Arbor Hills Landfill in Salem, Mich. can now claim payments from a $750,000 class action settlement fund.

This claim was brought by plaintiffs Jorell Lawrence and Mary Salmon in 2016. The plaintiffs sought to put an end to noxious odors emanating from the Arbor Hills Landfill operated by defendant Advanced Disposal Services Arbor Hills Landfill Inc.

Defendants BFI Waste Systems of North America LLC and Allied Waste Industries Inc. operate a landfill gas collection system at that site.

The plaintiffs say the Arbor Hills Landfill emits a smell that is overwhelming to them and their neighbors. Lawrence describes the odor coming from the Arbor Hills Landfill as a “very strong, gasy, rotten egg, rotting garbage, putred odor” and “very thick and pungent.” Salmon says it smells like “rotten eggs and dead animals.”

The plaintiffs say they and many of their neighbors have filed complaints about the smell with the Michigan Department of Environmental Quality. The MDEQ has allegedly responded with three Notices of Violation between February and April 2016.

On behalf of a proposed Class covering their neighbors, Lawrence and Salmon brought claims for nuisance and negligence.

The parties eventually reached the current Arbor Hills Landfill settlement, which earned preliminary court approval in September 2017. Under terms of the Arbor Hills Landfill settlement, the defendants will pay $750,000 into a settlement fund to be distributed among Class Members who submit valid and timely claims.

In addition to creating the settlement fund, the defendants will also invest $5 million in physical improvements to abate any off-site odors. The settlement gives the defendants a 365-day grace period in which to implement these improvements, during which time they cannot be sued for nuisance. If the improvements fail to work after that period, the defendants can be sued again.

The settlement does not constitute any admission of liability on defendants’ part, and the court has made no decision on the issue of liability.

Class Members who wish to exclude themselves from the settlement or object to its terms may do so by filing a written objection by Oct. 11, 2017.

Who’s Eligible

The settlement Class consists of all persons who submitted a Data Sheet to class counsel on or before Feb. 1, 2017, or who have owned, rented or resided in any residential property within the Class Area between April 25, 2013 and the present; and who have not affirmatively opted out of the settlement.

The Class Area is illustrated on a map available on the settlement website.

Potential Award

TBD

Class counsel does not say how much individual payments will be.

Proof of Purchase

In addition to their Claim Form, Class Members must submit proof of identification as well as documentation of property ownership or rental.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claims must be printed and submitted by mail. There is no online Claim Form.

Claim Form Deadline

10/23/2017

Case Name

Lawrence and Salmon v. Advanced Disposal Services Arbor Hills Landfill Inc., et al., Case No. 16-005209-NZ, in the Circuit Court for the County of Wayne, Michigan

Final Hearing

10/27/2017

Settlement Website

www.LDclassaction.com

Claims Administrator

Liddle & Dubin PC
Attn: Arbor Hills Landfill Claim Forms
975 E. Jefferson Ave.
Detroit, MI 48207
(800) 536-0045
info@LDclassaction.com

Class Counsel

Laura L. Sheets
Brandon T. Brown
LITTLE & DUBIN PC

Defense Counsel

Bruce L. Sendek
Sheldon H. Klein
BUTZEL LONG PC

Trent P. Cornell
TROUTMAN SANDERS LLP

Steven C. Kohl
Michael G. Brady
Laura N. You
WARNER NORCROSS & JUDD LLP

Philip L. Cornella
FREEBORN & PETERS LLP