Below is the first part of an article by Ian Bauer from mercurynews.com. It reads…
A San Francisco law firm’s prior class-action lawsuit over odors allegedly emanating from the Newby Island Landfill and Resource Recovery Park on the Milpitas-San Jose border has stalled, after a judge ruled the existing suit was legally insufficient as presented to the court.
In 2012, the Evans Law Firm, in conjunction with Detroit-based Macuga, Liddle & Dubin PC, filed a suit in Santa Clara County Superior Court against Republic Services of Santa Clara County (named in the suit as International Disposal Corp. of California) regarding the San Jose landfill at 1601 Dixon Landing Road, on behalf of Milpitans Peter Ng and Dolly Wu, and other unnamed residents.
The law firms’ suit — that largely seeks monetary damages and asks for odor mitigation from the dump’s operator — is separate from an ongoing legal battle over odor between City of Milpitas and the landfill operator that is on appeal. Currently, Milpitas officials are mulling possible litigation against Republic that might look to close the landfill permanently.
Under the Evans Law Firm’s suit, the firm “alleges negligence and nuisance in the operation of this landfill, and seeks damages for all persons residing within a two-mile radius of the landfill, which encompasses over 10,000 homes and over 30,000 residents,” an Evans Law Firm statement reads. “Despite numerous complaints to the Bay Area Air Quality Management District regarding noxious odors from this facility, Republic Services Inc. continues to expand its operations at Newby Island.”