The Georgia Court of Appeals, in a 4-3 vote, has upheld the class action certification of a lawsuit against Georgia-Pacific.
Kirbi and Aaron Ratner and David and Kathy McDonald, who live near the Fort Howard Road plant in Effingham County, originally filed the suit against Georgia-Pacific’s Savannah River Mill Plant in 2010.
Class action certification was granted by Effingham County Superior Court Chief Judge William E. Woodrum in July of 2012. The class-action certification will allow lawsuit members to include owners of 116 properties near the plant. The properties include an area west of Fort Howard Road, south of the railroad line and east of Rincon-Stillwell Road.
The lawsuit presents claims of nuisance, trespass and negligence, alleging that sludge dumped in disposal cells at the plant releases hydrogen sulfide, a gas that causes rotten egg-like smells and is corrosive to metal.
The property owners claim the gas has caused loss of property values and physical damage to homes.
Much of the reported damage has been from corrosion to air-conditioning systems.
As of last summer Georgia-Pacific has paid to replace a portion of 20-30 of the air-conditioning systems, mainly in the Mallard Pointe Subdivision, according to court documents.
Ben Perkins, a Savannah attorney representing the plaintiffs, said that practice has continued while both sides have waited on the appeal ruling.
GP has said they are aware of odor issues and a project to close the three landfill sludge cells most responsible for those issues has recently been completed.
The GP disposal area is on about 170 acres. The site currently has one closed sludge cell, two active cells and the three cells that have been closed, spokeswoman Carrie Thompson said. The cells have been capped and have a gas collection system.
The waste comes from the remnants of GP’s manufacturing process that chiefly uses recycled paper and cardboard.
GP’s assertions in its appeal of Woodrum’s ruling included that the trial court abused its discretion in certifying the class.
The appeals court in its ruling on July 16 held that the plaintiffs met class certification requirements of Georgia law and the court’s certification would not be reversed unless factual findings were “clearly erroneous.”
The justices noted the defendants did not list any errors of factual findings by the trial court.
Perkins said the court of appeals ruling sends the right message.
“My clients and their entire legal team are very pleased that the court of appeals affirmed Judge Woodrum’s thoughtful and well-reasoned decision to certify this property damage case as a class action,” Perkins said. “In reaching its decision, the court of appeals made it clear that property owners in Georgia are entitled to, and deserve, protection of their property rights.”
Thompson said Georgia Pacific is evaluating the ruling and its impact.
“It’s one step in the legal process and we will continue to move forward in that process and be a good neighbor,” she said.
Perkins said once the case has been returned to Superior Court, Judge Woodrum will be asked to sign an order to approve a class notice.
The notice will be sent to property owners in the impacted area informing them of their right to opt out of the suit.
“We are eager to give our clients the long-awaited opportunity to have their day in court,” Perkins said. “We look forward to presenting our clients’ claims to a jury as soon as possible.”
The Savannah River Mill has been in operation over 25 years and employs 1,200.