STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE JORELL LAWRENCE, MARY SALMON, and all others similarly situated, Plaintiffs, Case No. 16-005209-NZ v Hon. Leslie Kim Smith ADVANCED DISPOSAL SERVICES ARBOR HILLS LANDFILL INC., a Michigan corporation, and BFI WASTE SYSTEMS OF NORTH AMERICA, LLC, a Delaware limited liability company, and ALLIED WASTE INDUSTRIES INC. A Delaware limited liability company. Defendants. / LIDDLE & DUBIN, P.C. WARNER NORCROSS & JUDD LLP LAURA L. SHEETS (P63270) Steven C. Kohl (P28179) BRANDON T. BROWN (P79470) Michael G. Brady (P57331) Attorneys for Plaintiffs Laura N. You (P73416) 975 E. Jefferson Avenue 2000 Town Center, Suite 2700 Detroit, Michigan 48207-3101 Southfield, MI 48075 (313) 392-0015 (248) 784-5000 Attorneys for Plaintiffs / PLAINTIFFS FIRST AMENDED CLASS ACTION COMPLAINT AND JURY DEMAND NOW COME the Plaintiffs, JORELL LAWRENCE, MARY SALMON, and all others similarly situated, by and through their attorneys, Liddle & Dubin, P.C., and on behalf of themselves, and all other persons similarly situated, (hereinafter "Plaintiffs") and state in support of their First Amended Class Action Complaint as follows:
NATURE OF THE ACTION 1. Plaintiffs bring this class action against Defendants, Advanced Disposal Services Arbor Hills Landfill INC. and BFI Waste Systems of North America, LLC/Allied Waste Industries INC. a/k/a Republic Services Inc., (hereinafter Defendants ). It is Plaintiffs information and belief that Defendant, Advanced Disposal Services Arbor Hills Landfill, Inc. exercises exclusive control and/or ownership over the landfill and that Defendant, Allied Waste Industries Inc. a/k/a Republic Services, Inc. exercises exclusive control over the landfill s gas collection system. Plaintiffs allege that Defendants operations at the landfill releases pollutants, air contaminants, and noxious odors, causing material injury to Plaintiffs property through negligence, gross negligence and nuisance. JURISDICTION 2. Defendant, Advanced Disposal Services Arbor Hills Landfill, Inc. is a Michigan Corporation operating a landfill at 10690 Six Mile Road, in the Township. of Salem, County of Washtenaw, State of Michigan. 3. Defendant, BFI Waste Systems of North America, LLC and Allied Waste Industries, Inc. are Delaware limited liability companies operating a landfill gas collection system located at 10690 Six Mile Road, in the Twp. of Salem, County of Washtenaw, State of Michigan. 4. At all times relevant hereto, Plaintiff, Jorell Lawrence, has resided at 16718 Carriage Way, in the City of Northville, County of Wayne, State of Michigan. 2
5. At all times relevant hereto, Plaintiff, Mary Salmon, has resided at 50615 Seven Mile Rd., in the City of Northville, County of Wayne, State of Michigan. VENUE 6. Venue is proper in this Court pursuant to MCL 600.1629(b) as the injury occurred in the County of Wayne and the Plaintiffs reside in the County of Wayne. GENERAL ALLEGATIONS 7. On recurrent and intermittent occasions, Plaintiffs property including Plaintiffs neighborhoods, residences and yards have been, and continue to be, physically invaded by noxious odors, pollutants and air contaminants. 8. The noxious odors which invade Plaintiffs' property originate from the Arbor Hills Landfill located at 10690 Six Mile Road, in the Township of Salem, County of Washtenaw, State of Michigan (hereinafter the landfill ) where garbage and/or solid waste is accepted and disposed and landfill gas is captured and processed. 9. According to the Michigan Department of Environmental Quality (hereinafter MDEQ ), the Arbor Hills Landfill is a 337-acre municipal, Type II solid waste landfill that is under the general ownership and operation of Advanced Disposal. Allied Waste Industries actively collects, treats, and processes gas captured at the landfill 10. The consistent foul odors released into the neighboring residential neighborhood from the Arbor Hills Landfill have prompted numerous residents to file complaints with the MDEQ. 3
11. The consistent foul odors released into the neighboring residential neighborhood from the Arbor Hills Landfill have also prompted numerous residents to contact Plaintiffs counsel. More than 145 households in the adjacent community have contacted counsel concerning the invasion of noxious odors onto their property attributed to the Defendants operation of the landfill. 12. In her Data Sheet submitted to Plaintiffs counsel, Plaintiff Jorell Lawrence describes Defendants' odors as "very strong, gasy, rotten egg, rotting garbage, putred odor"; and "very thick and pungent." Ms. Lawrence also explains that these odors interfere with her ability to use and/or enjoy her home in that she is unable to open her windows, that "[m]any times the smell is so bad that it literally makes her sick to her stomach"; and that the odors will wake her up in the middle of the night. 13. Plaintiff, Mary Salmon describes in her Data Sheet that the landfill odor "is horrible!" and that "[i]t smells like rotten eggs and dead animals." She also explains that these odors adversely affect her ability to garden her 6-acre estate and that guests at her outdoor parties are driven inside her home. 14. Residents filing complaints with the MDEQ have reported similar experiences. For example, one resident explained that "[o]ne step outside and you are hit with a powerful, disgusting odor that you can taste if you are out there a few minutes." 15. The Arbor Hills Landfill has a well documented history of failing to control its own emissions and/or odors including, but not limited to: 4
a. A February 2, 2016 Notice of Violation ("NOV") issued by Michigan Department of Environmental Quality ("MI DEQ") to both Defendants for producing offsite nuisance odors; b. The MDEQ issued a second violation notice for both Advanced Disposal and Republic Services on March 15, 2016, for producing offsite nuisance odors; and c. The MDEQ issued a third violation notice for both Advanced Disposal and Republic Services on April 29, 2016, for producing offsite nuisance odors. 16. As a direct and proximate result of Defendants negligence in operating and/or maintaining the landfill, including but not limited to the landfill s gas collection system, Plaintiffs' property has been invaded by noxious odors. 17. The invasion of Plaintiffs' property by noxious odors has caused Plaintiffs to suffer damages. 18. The invasion of Plaintiffs property by noxious odors has caused or will cause diminution in the market value of Plaintiffs property and has interfered with Plaintiffs use and enjoyment of their property. A. Definition of the Class CLASS ALLEGATIONS 19. Plaintiffs bring this action individually and on behalf of all persons as the Court may determine to be appropriate for class certification, pursuant to Michigan Court Rule 3.501. Plaintiffs seek to represent a Class of persons preliminarily defined as: All owner/occupants and renters of residential property within a 2 mile radius of the Arbor Hills Landfill. 5
Plaintiffs reserve the right to modify the class definition and/or propose one or more subclasses if discovery reveals such modifications are appropriate. B. Numerosity 20. Upon information and belief, there are thousands of residents, approximately 1,700 households, within a 2 mile radius of the landfill. Accordingly, the members of the Class are so numerous that joinder of all parties is impracticable. C. Commonality 21. Numerous common questions of law and fact predominate over any individual questions affecting Class members, including, but not limited to the following: a. whether and how Defendants intentionally, recklessly, willfully, wantonly, maliciously, grossly and/or negligently failed to construct, maintain and/or operate the landfill; b. whether Defendants owed any duties to Plaintiffs; c. which duties Defendants owed to Plaintiffs; d. the way in which the landfill s odors were dispersed over the class area; e. whether it was reasonably foreseeable that Defendants failure to properly construct, maintain and/or operate the landfill and/or its landfill gas collection system would result in an invasion of Plaintiffs possessory interests; f. whether the degree of harm suffered by Plaintiffs and the class constitutes a substantial annoyance or interference; and g. the proper measure of damages incurred by Plaintiffs and the Class. 6
D. Typicality 22. Plaintiffs have the same interests in this matter as all the other members of the Class, and their claims are typical of all members of the Class. If brought and prosecuted individually, the claims of each Class member would require proof of many of the same material and substantive facts, rely upon the same legal theories and seek the same type of relief. 23. The claims of Plaintiffs and the other Class members have a common origin and share a common basis. The claims originate from the same failure of the Defendants to properly construct, maintain and/or operate the landfill, including but not limited to the landfill gas collection system. 24. All Class members have suffered injury in fact resulting in the loss of property value by reason of Defendants failure to properly construct, maintain and/or operate the landfill, including but not limited to the landfill gas collection system. E. Adequacy of Representation 25. Plaintiffs claims are sufficiently aligned with the interests of the absent members of the Class to ensure that the Class claims will be prosecuted with diligence and care by Plaintiffs as representatives of the Class. Plaintiffs will fairly and adequately represent the interests of the Class and do not have interests adverse to the Class. 26. Plaintiffs have retained the services of counsel, who are experienced in complex class action litigation, and in particular class actions involving odors, including those from landfills. Plaintiffs counsel will adequately prosecute this action and will otherwise protect and fairly and adequately represent Plaintiffs and all absent Class members. 7
F. Class Treatment Is the Superior Method of Adjudication 27. A class action is superior to other methods for the fair and efficient adjudication of the controversies raised in this Complaint because: a. Individual claims by the Class members would be impracticable as the costs of pursuit would far exceed what any one Class member has at stake; b. Little or no individual litigation has been commenced over the controversies alleged in this Complaint and individual Class members are unlikely to have an interest in separately prosecuting and controlling individual actions; c. The concentration of litigation of these claims in one forum will achieve efficiency and promote judicial economy; and d. The proposed class action is manageable. COUNT I NUISANCE 28. The allegations contained in Paragraphs 1-27 are realleged and incorporated as if referenced herein. nuisance. 29. A condition or activity which unreasonably interferes with the use of property is a 30. Plaintiffs did not consent for noxious odors to physically invade their property. 31. By causing noxious odors accumulated and controlled by Defendants to physically invade Plaintiffs' property, Defendants have substantially and unreasonably interfered with Plaintiffs use and enjoyment of their property. 8
32. Defendants substantial and unreasonable interference with Plaintiffs use and enjoyment of their property constitutes a nuisance for which the Defendants are liable to Plaintiffs for all damages arising from such nuisance, including compensatory and exemplary, relief. COUNT II NEGLIGENCE AND/OR GROSS NEGLIGENCE 33. The allegations contained in Paragraphs 1-32 are realleged and incorporated as if referenced herein. 34. In maintaining, operating, and/or controlling the landfill and the landfill gas captured by the landfill, Defendants have a duty to exercise ordinary care and diligence so that noxious odors do not invade Plaintiffs' property. 35. Defendants knowingly breached its duty to exercise ordinary care and diligence when it improperly maintained and/or operated the landfill, including but not limited to the landfill gas collection system and knew, or should have known, that such actions would cause Plaintiffs' property to be invaded by noxious odors. 36. As a direct and proximate result of the failure of Defendants to exercise ordinary care, Plaintiffs' property has been physically invaded by noxious odors. 37. As a direct and proximate result of Defendants negligence in operating and/or maintaining the landfill, including but not limited to the landfill gas collection system Plaintiffs' property has been exposed to and invaded by noxious odors. 38. As a direct and proximate result of the invasion of Plaintiffs' property by noxious odors, Plaintiffs have suffered injuries. 9
39. The conduct of Defendants in knowingly allowing conditions to exist, which caused noxious odors to physically invade Plaintiffs' property, constitutes gross negligence as it demonstrates a substantial lack of concern for whether an injury resulted to Plaintiffs. 40. Defendants gross negligence entitles Plaintiffs to an award of exemplary damages. WHEREFORE, Plaintiffs respectfully request that this Honorable Court declare Defendants liable to Plaintiffs in an amount in excess of $25,000.00 for causing noxious odors to enter and settle upon Plaintiffs' property, award Plaintiffs all costs and attorney fees which resulted from the initiation of this litigation and award Plaintiffs such other equitable relief as is just under the circumstances. Respectfully submitted, LIDDLE & DUBIN, P.C. Dated: August 24, 2016 Laura L. Sheets Brandon T. Brown LIDDLE & DUBIN PC Attorneys for Plaintiff 975 E. Jefferson Avenue Detroit, MI 48207-3101 (313) 392-0015 10
STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE JORELL LAWRENCE, MARY SALMON, and all others similarly situated, Plaintiffs, Case No. 16-005209-NZ v Hon. Leslie Kim Smith ADVANCED DISPOSAL SERVICES ARBOR HILLS LANDFILL INC., a Michigan corporation, and BFI WASTE SYSTEMS OF NORTH AMERICA, LLC, a Delaware limited liability company, and ALLIED WASTE INDUSTRIES INC. A Delaware limited liability company. Defendants. LIDDLE & DUBIN, P.C. WARNER NORCROSS & JUDD LLP LAURA L. SHEETS (P63270) Steven C. Kohl (P28179) BRANDON T. BROWN (P79470) Michael G. Brady (P57331) Attorneys for Plaintiffs Laura N. You (P73416) 975 E. Jefferson Avenue 2000 Town Center, Suite 2700 Detroit, Michigan 48207-3101 Southfield, MI 48075 (313) 392-0015 (248) 784-5000 Attorneys for Plaintiffs JURY DEMAND / / NOW COME the Plaintiffs in the above entitled action and demand a trial by jury.
Respectfully submitted, LIDDLE & DUBIN, P.C. Laura L. Sheets Brandon T. Brown LIDDLE & DUBIN PC Attorneys for Plaintiff 975 E. Jefferson Avenue Detroit, MI 48207-3101 Dated: August 24, 2016 (313) 392-0015