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Three individuals (collectively, “Plaintiffs”) filed on April 18th a class action Complaint (“Complaint”) against Eco-Vista, LLC (“Eco-Vista”), in the Circuit Court of Washington County, Arkansas. See 72CV-25-1748.
The Complaint states that Eco-Vista owns a landfill in Springdale, Arkansas.
The Plaintiffs state that their claims arise out of Eco-Vista’s landfill emitting “noxious odors”.
The landfill is described as including 147 acres for municipal solid waste and a 60-acre landfill for construction and demolition debris, along with a gas-to-energy facility.
The Complaint outlines what it denominates “class allegations” which include:
- Definition of the Class.
- Numerosity.
- Commonality.
- Typicality.
- Adequacy of Representation.
- Class Treatment is the Superior Method of Adjudication.
The causes of action alleged in the Complaint include:
- Temporary Private Nuisance.
- Public Nuisance.
- Negligence.
Besides requesting certification of the proposed class, the Complaint asks for remedies such as compensatory damages, injunctive relief, and a finding that the alleged noxious odors constitute a nuisance.
A copy of the Complaint can be downloaded here.
