Class Certification Upheld in Ohio “Noxious Odors” Lawsuit

Author: Jeremy Gilman (former Partner at Benesch Law)

Plaintiffs, seven in all, resided in Garfield Heights, Ohio.  They sued various defendants, including the City of Garfield Heights, alleging “that noxious odors in their neighborhood affected the use and enjoyment of their properties.”  The odors, they claimed, resulted from the redevelopment of land that had decades earlier been used as a landfill.  Plaintiffs contended that in 2002, waste materials that had previously been deposited at the landfill “were disturbed as developers explored ideas for using the property.”  The property eventually became a shopping center. Continue reading “Class Certification Upheld in Ohio “Noxious Odors” Lawsuit”