Can I sue landfill company for property value damages?

[mvchamblin]

I purchased my home 3 and a half years ago. We are a half mile away from an operating landfill. For almost 2 and a half years, we had no problems. No odors or anything really that affected us. In February of 2009, the landfill was permitted to expand and started bringing in an increased amount of waste into the landfill. They are planning to expand from half a mile down the road toward me and past me. With the increased activity, we have odors four or five days a week, and can feel occasional explosive blasting from the construction down the road. Can we sue for property value damages?

 

[jharris352]

You can sue, the question is: "Can you prove how much you have been damaged?" While that is the most important question the other problem is that you knew they were there. Can you win? Maybe. Can you recover? Some, not much.

 

[mvchamblin]

Yes, I knew they were there when purchasing the house, but circumstances were completely different. They were almost at full capacity, and had not applied for the expansion permit yet. There were no problems until the increased activity started. There was no effect on me until last February. That's when my house occasionally shakes from their blasting and the odors started with waste they are trucking down in semis from over sixty miles away. If they continued their same old operations, I would have no problem and not desire to sue. Does all of that make a difference? What type of lawyer would take on this kind of case? Real Estate, Personal Injury?

 

[jharris352]

A general practitioner would take the case, but NOT on a contingency. You aren't going to want to pay what it will take to prosecute this suit. You will need to spend thousands of dollars and you are unlikely to recover as much as you spend.