GALVESTON — Eight Pearland property owners are suing a landfill operator, alleging breach of duty in allowing odors to permeate the plaintiffs' property.
Jing Gao, Alvin Rabsatt, Barry Nixon, Patricia Nixon, Katherine Pierce, Arthur Pierce, Madison Lowe and Iolanda Lowe, on behalf of themselves and all others similarly situated, filed a class action complaint Nov. 17, in the Galveston Division of the Southern District of Texas against Blue Ridge Landfill TX LP, alleging failure to properly construct, repair, maintain and/or operate its landfill.
According to the complaint, the plaintiffs suffered unreasonable damages, including diminution in the value and the loss of use and ability to enjoy the outside areas of their Pearland properties, annoyance, inconvenience and the discomfort of enduring noxious odors. The suit says the defendant's actions resulted in economic damages of more than $5 million.
The plaintiffs allege Blue Ridge Landfill interfered with the plaintiffs' use and enjoyment of their property, failed to sufficiently collect, capture, and destroy landfill gas, and failed to prevent odors from its landfill from invading the plaintiffs' homes and property.
The plaintiffs seek trial by jury, certification of the proposed class, designating the plaintiffs as representative and their counsel as class counsel, compensatory damages, pre- and post-judgment interest, attorney fees and costs and all other appropriate relief. They are represented by attorneys Brenton J. Allison and Douglas T. Gilman of Gilman & Allison LLP in Houston, and by David R. Dubin and Nicholas A. Coulson of Liddle & Dubin PC in Detroit.
Galveston Division of the Southern District of Texas Case number 3:16-cv-00323