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A $1.875 million settlement has been reached in a class action lawsuit over claims that the emission of pollutants, air contaminants and noxious odors from the Stony Hollow Landfill located in Dayton, Ohio, impacted certain residents in the area.
If you lived within about 2.5 miles of the Stony Hollow Landfill, you may be entitled to compensation from the landfill odor class action settlement.
According to the landfill odor class action lawsuit, certain odor emissions in the area around the Stony Hollow Landfill occurred at least in part because of the defendants’ conduct. The plaintiff claims that the emissions interfered with her ability to use and enjoy her home.
“Defendant’s well documented pattern of failing to control its emissions is demonstrated by numerous resident complaints to state and local authorities,” the Stony Hollow class action lawsuit says.
The plaintiffs allege that Stony Hollow was cited on at least one occasion by the Regional Air Pollution Control Agency for causing an odor nuisance. The agency found that the Stony Hollow landfill emitted odors that were detectable outside the landfill’s boundaries.
The Stony Hollow class action lawsuit alleges that more than 160 households contacted the plaintiffs’ attorneys about the odors they attribute to the landfill.
The Stony Hollow Landfill defendants deny any wrongdoing and maintain that the emissions are part of the ordinary operation of a landfill. They also point to other potential causes of emissions in the area. Stony Hollow agreed to settle the landfill odor class action lawsuit to avoid the cost and risk of trial.
The Stony Hollow Landfill defendants have also agreed to spend nearly $1.5 million before the end of 2022 on improvement measures to help minimize the impact of emissions from the landfill.
The Stony Hollow class action settlement was preliminarily approved on July 12, 2018.
If you would like to exclude yourself from or object to the Stony Hollow Landfill class action settlement, you must do so no later than Aug. 25, 2018.
Who’s Eligible
Class Members of the Stony Hollow Landfill settlement include all owner/occupants and renters of residential property located within an approximately 2.5-mile radius from the center of the Stony Hollow Landfill since Oct. 31, 2012.
Stony Hollow Landfill is located at 2460 South Gettysburg Road in Dayton, Ohio.
Potential Award
Class Members who submit a timely and valid Claim Form are entitled to a pro rata share of the settlement fund. The amount each claimant will receive depends on the total number of Class Members who submit timely and valid claims.
Proof of Purchase
Claimants must attach a copy of a government-issued photo ID to establish their identity and current address. Property owners must attach a copy of the deed or other documentation of ownership. Tenants must attach a copy of a valid lease or rental agreement.
If your address no longer matches the property covered by the Stony Hollow settlement, please attach a utility bill or other proof you resided at the property.
Class Members must also indicate if you were an owner/occupant or tenant during the Class Period, the date you first owned or rented the property, and whether you still own or rent the property. If you do not currently own or rent the property, you must provide the date you last owned or rented property at the address.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
9/9/18
NOTE: The Claim Form must be postmarked no later than Sept. 9, 2018.
Case Name
Beck v. Stony Hollow Landfill Inc., Case No. 3:16-cv-00455, in the U.S. District Court for the Southern District of Ohio
Final Hearing
11/20/2018
UPDATE: The Stony Hollow Landfill Odor Class Action Settlement was granted final approval on November 26,2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
Claims Administrator
Liddle & Dubin PC
975 E. Jefferson Ave.
Detroit, MI 48207
800-536-0045
[email protected]
Class Counsel
Steven D. Liddle
Nicholas A. Coulson
LIDDLE & DUBIN PC
Daniel Petrov
THORMAN PETROV GROUP CO. LPA
Defense Counsel
Eugene Edward Mathews III
R. Trent Taylor
MCGUIREWOODS LLP
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One thought on Stony Hollow Landfill Odor Class Action Settlement
We have the same problem as do many other residents in and around Fostoria, Ohio 44830. Sunny Landfill lets off terrible emissions that make us feel sick. It’s awful! On a scale of 1-10 it’s usually a 7-10. Can’t even open our windows sometimes because of the smell. We call the landfill hot line 80% of the time to turn in a complaint. It’s been an ongoing problem for a few years. We live within 2 1/5 miles. Sunny Landfill had been sited once or twice already and had to install those gas emission burners but some days the orders are still bad. I have asthma and the odor makes it worse. Is there any chance I could start a class action suit against them?