Kathy Pitts, et al. v. North Sanitary Landfill Company, et al.; Common Pleas Court of Montgomery County, Ohio (2004)
This case involved a proposed class action involving properties located near a landfill Superfund site in Dayton, Ohio.
“….. Dr. Jackson testified that part of his analysis of the target area (i.e. the area surrounding Valleycrest Landfill) consisted of comparing sales in the area around the landfill with comparable properties (the control areas) in the Dayton area in order to observe any price differences between the two areas.”
“In performing his analysis, Dr. Jackson stated that he divided the properties into two periods. The first period dealt with sales of the properties between 1984 and 1993, prior to the designation of the landfill as a superfund site. The second period in which he examined sales records extended from 1994 to 2002, after the area had been designated a superfund site.”
“He testified that the results from the analysis demonstrated that even after the target area had been designated a superfund site, the average price of the properties being sold in the target area were still increasing at a rate comparable to the control areas. Dr. Jackson testified that his test data demonstrated that the average appraisal prices of properties in the general vicinity of the landfill did not reflect any diminution in value. Contrary to the assertions of Plaintiffs, the price of land in the landfill area was actually increasing rather than decreasing based on data gathered by Dr. Jackson.”
“Accordingly, Plaintiffs’ Motion for Class Certification is hereby OVERRULED.”