Casey couple file lawsuit over landfill

October 30, 2003

LIBERTY - A Casey County couple have filed a lawsuit in Casey Circuit Court concerning a landfill on property they purchased in December 2001.

Elhannan and Rosa Pennington of Walter Huff Road, Liberty, filed the document Oct. 21 with Circuit Clerk Craig Overstreet's office against defendants Edna Ruth Roy, of Dry Ridge, and Dawn M. Roy, of Mount Orab, Ohio.

The Penningtons paid the Roys $70,000 for 38.26 acres Dec. 7, 2001.

The complaint said "the deed did not contain any of the language, required by regulation, stating that any portion of the subject property had been utilized as a landfill."

The Penningtons believe that about 11 acres of the original tract was part of an illegal landfill previously used by the city of Liberty, then abandoned.


The Penningtons say the landfill has never been property closed pursuant to state law, and they believe the landfill constitutes a public health hazard and renders the property over and surrounding it unhabitable.

The complaint says that the Roys should have known of the existence of the abandoned landfill and did not notify or warn the Penningtons of its existence prior to the land deal.

The Penningtons are seeking a judgment in an amount sufficient to compensate them for the loss of the 11 acres of the original tract they purchased.

A lawsuit states only the plaintiffs' side. Charles J. McEnroe of Somerset is the attorney for the Penningtons.

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