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An individual and a restaurant filed a Class Action Complaint (“Complaint”) on October 18th in the Circuit Court of Crawford County, Arkansas against Denali Water Solutions, LLC (“Denali”). See Case No. 17CV-24-734.
The individual and the restaurant owner are:
- Bruce Spinas.
- RCB Management, LLC d/b/a River City Bistro.
(Collectively, “Plaintiffs”).
The Complaint alleges that it is being filed on behalf of themselves and:
...all those citizens and/or residents and/or property owners of the State of Arkansas who are affected by the noxious fumes emanating from a storage lagoon used to store organic residuals, hereinafter referred to as “Storage Lagoon,” being operated by Defendant Denali Water Solutions, LLC.
Denali is alleged to operate a Storage Lagoon or lagoons for organic residuals in Crawford County, Arkansas.
The Storage Lagoon is alleged to have been a source of odors affecting residents and property owners in the River Valley. The Storage Lagoon is described as being intended for the temporary storage of biproducts from food processing and other industries. It is alleged to have adversely affected residents and property owners because of odors.
The complaint alleges the following causes of action:
- Nuisance.
- Trespass.
- Negligence.
- Class Action.
The Plaintiffs request that the following relief be granted:
- An order requiring Denali Water Solutions, LLC to immediately cease and desist all operations at the Storage Lagoon until it is properly closed and remediated to eliminate the noxious odors and harmful emissions affecting the Plaintiffs and those similarly situated.
- An award of compensatory damages to Plaintiffs, and those similarly situated, for the loss of use and enjoyment of their property, emotional distress, economic losses, and other damages suffered as a result of the Defendant's actions.
- An award of punitive damages against Denali Water Solutions for its willful and wanton disregard for the rights of the Plaintiffs, and those similarly situated, to deter similar future conduct.
- All other relief to which the Plaintiffs and members of the class may be entitled.
A copy of the Complaint can be downloaded here.
