NAILAH K.

BYRD
CUYAHOGA COUNTY CUERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113

Court of Common Pleas

New Case Electronically Filed:

August 9, 201717:00

By: THOMAS L. BRUNN 0042453

Confirmation Nbr. 1141933

HARRIS DRUMMONDS, ETAL. CV 17 884313

vs.
Judge: CAROLYN B. FRIEDLAND
1705 NOBLE ROAD PROPERTIES, LLC, ETAL

Pages Filed: 12

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 IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO

HARRIS DRUMMONDS ) CASE NO.:

1731 Noble Road )
East Cleveland, Ohio 44112 )
) JUDGE:
and )
)
DORINDA DRUMMONDS )
1731 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
DARNACIA DRUMMONDS )
1733 Noble Road )
East Cleveland, Ohio 44112 )
) COMPLAINT
and ) (Jury Demand Endorsed Hereon)
)
DAYAH DRUMMONDS )
1733 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
DEJANAY DRUMMONDS )
1733 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
DONNA DRUMMONDS )
1735 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
JENETTA DAVIS )
1769 Noble Road )
East Cleveland, Ohio 44112 )

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 )
and )
)
WILLIE MORROW )
1722 Noble Road )
East Cleveland, Ohio 44122 )
)
and )
)
FRANK GARNER )
1741 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
THOMAS MOSS )
1751 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
DORIS MOSS )
1751 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
AYANNA POWELL, Individually )
and as Parent/Natural Guardian of )
DEYANNA PARKER, a minor )
1737 Noble Road UP )
East Cleveland, Ohio 44112 )
)
and )
)
ALEXANDER CARTER )
1729 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
DONALD CARTER )
1729 Noble Road )

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 East Cleveland, Ohio 44112 )
)
and )
)
ALEXIS DILLARD, Individually and )
as Parent/Natural Guardian of )
DANIEL CARTER, a minor )
1729 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
LINDA DILLARD )
1727 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
EDWARD DILLARD, SR. )
1727 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
ERIC COOPER )
1759 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
ANDRE HENDRIX )
1738 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
WALTERINE GAGE )
1738 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
JIMMY FIELDS )

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 1746 Noble Road )
East Cleveland, Ohio 44112 )
)
and )
)
ASHLEY JONES )
1771 Noble Road, Apt. 12 )
East Cleveland, Ohio 44112 )
)
and )
)
ROCCO SMITH )
823 Caledonia Avenue )
East Cleveland, Ohio 44112 )
)
and )
)
SHANII SMITH )
823 Caledonia Avenue )
East Cleveland, Ohio 44112 )
)
and )
)
DORIAN DRUMMONDS )
823 Caledonia Avenue )
East Cleveland, Ohio 44112 )
)
and )
)
ANTHONY BRITT )
P.O. Box 17366 )
Cleveland, Ohio 44117 )
)
Plaintiffs, )
)
vs. )
)
1705 NOBLE ROAD PROPERTIES, )
LLC )
c/o Terri Brunsdon, Esq., Statutory )
Agent )
2251 Front Street, Suite 206 )
Cuyahoga Falls, Ohio 44221 )

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 )
and )
)
ARCO RECYCLING, INC. )
c/o Terri Brunsdon, Esq., Statutory )
Agent )
2251 Front Street, Suite 206 )
Cuyahoga Falls, Ohio 44221 )
)
and )
)
JOHN DOE and/or JOHN DOE, INC., )
I-V )
(Identities and Addresses Unknown) )
)
Defendants. )

Now come Plaintiffs, Harris Drummonds, Dorinda Drummonds, Darnacia Drummonds,

Dayah Drummonds, Dejanay Drummonds, Donna Drummonds, Jenetta Davis, Willie Morrow,

Frank Garner, Thomas Moss, Doris Moss, Ayanna Powell, Individually and as Parent/Natural

Guardian of Deyanna Parker, a minor, Alexander Carter, Donald Carter, Alexis Dillard,

Individually and as Parent/Natural Guardian of Daniel Carter, a minor, Linda Dillard, Edward

Dillard, Sr., Eric Cooper, Andre Hendrix, Walterine Gage, Jimmy Fields, Ashley Jones, Rocco

Smith, Shanii Smith, Dorian Drummonds, and Anthony Britt (Plaintiffs), by and through their

undersigned counsel, and for their Complaint against Defendants, 1705 Noble Road Properties,

LLC (NRP), ARCO Recycling, Inc. (ARCO)(collectively, Defendants), and John Doe

and/or John Doe, Inc. I-V (Defendant(s) Doe), state as follows:

FACTUAL ALLEGATIONS

1. Plaintiffs are individual residents (and/or their family members and/or regular

visitors) of or near Noble and Euclid Roads in the City of East Cleveland, Cuyahoga County,

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 Ohio.

2. NRP is an Ohio limited liability company which, at all times relevant herein, owns

and/or has a management interest in either ARCO and/or the real property located at 1705 Noble

Road in East Cleveland, Cuyahoga County, Ohio (the Property).

3. ARCO is an Ohio corporation which, at all times relevant herein, owns and/or has

a management interest in either NRP and/or the Property.

4. Defendant(s) Doe are individuals and/or entities which may have an ownership

and/or management interest in Defendants and/or the Property and/or which are otherwise proper

parties to this lawsuit. The identities of Defendant(s) Doe remain unknown despite Plaintiffs

due diligence.

5. Plaintiffs state that, on or about May 1, 2014, NRP purchased the Property from

the City of East Cleveland pursuant to City Councils unanimous authorization of the sale.

6. Plaintiffs state that Defendants represented to the City that it would - and ARCO

obtained permits from the Ohio Environmental Protection Agency (EPA) and the Cleveland

Division of Air Quality (CDAQ) to - operate a recycling facility for wood, concrete, and

construction and demolition debris from razed, nuisance homes demolished by the Cuyahoga

Land Bank. Plaintiffs further state that ARCO represented to the City that it would remediate

any and all environmental issues resulting from its activities to the extent required by law.

7. Plaintiffs state that it quickly became apparent that ARCO was not limiting its

intake to only recyclable construction and demolition debris, and was, instead, utilizing the

Property as a landfill.

8. Plaintiffs state that, despite their multiple complaints about the illegal dumping

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 activity to both the City and ARCO, ARCO did not discontinue its impermissible use of the

Property.

9. Plaintiffs state that, in June, 2015, the Ohio EPA and the CDAQ issued a notice of

violation against ARCO after concluding that asbestos is located at the Property despite ARCOs

permits prohibition of the processing of any regulated asbestos-containing materials. Plaintiffs

state that ARCO failed to discontinue its impermissible activities.

10. Plaintiffs state that, with the increasing volume of waste dumped onto the

Property, they began to notice toxic smells emanating from the property. Plaintiffs further state

that, with the passage of time, the smells have become so toxic as to inhibit their use and

enjoyment of their neighboring, residential properties.

11. Plaintiffs state that, on or about January 17, 2017, the Ohio EPA ordered ARCO to

stop accepting materials and to begin shutting down operations within two weeks. Ohio EPAs

spokesperson Heidi Griesmer advised local media that to comply with the order, [Defendant]

needed to cease acceptance and disposal of [construction and demolition debris] at the facility

and complete the removal of all processed and unprocessed [construction and demolition debris]

in a lawful manner. It also needed to provide documentation of compliance by Jan. 31, 2017.

[Defendant] is no longer taking material by they failed to provide documentation of compliance.

The case has been referred to the Ohio Attorney Generals Office for enforcement.

12. Plaintiffs state that, on or about January 18, 2017, and following ARCOs

sustained failure to address environmental concerns raised both by the Ohio EPA and

neighborhood residents, Auburn Environmental evaluated the potential environmental impacts

from ARCOs improper activities to the residential property surrounding the Property.

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 13. Plaintiffs state that Auburn Environmental confirmed the presence of hydrogen

sulfide, methane, and various construction and debris generated particles including concrete,

fiberglass, drywall debris, chromium metal, soot, charred debris, and Polycyclic Aromatic

Hydrocarbons. Auburn Environmental advised that health effects ranging from irritation to

death have been associated with these contaminants.

14. Plaintiffs further state that years of vibrations from the nonstop procession of

dump trucks have disturbed the structural integrity of their properties along Noble Road.

15. Plaintiffs state that, on May 24, 2017, the Cuyahoga County Board of Health

passed a resolution and adopted findings of fact declaring the Property and the ARCO operations

to be a nuisance, and ordering that such nuisance be abated.

16. Plaintiffs state that, on June 5, 2017 and June 27, 2017, the Ohio Attorney

Generals Office filed a Partial Consent Order with the Cuyahoga County Court of Common

Pleas wherein ARCO agreed to give up its rights to all construction and demolition debris on the

Property and to provide full access for the duration of work to remove the debris. By the time of

it ceased operations, ARCO had allowed approximately 230,000 cubic yards of waste to

accumulate at the Property.

COUNT ONE

17. Plaintiffs hereby incorporate all of the facts, statements and allegations contained

in Paragraphs 1 through 16 as if fully rewritten herein.

18. Plaintiffs state that, through their negligent and improper operation of a landfill on

the Property, Defendants created conditions which are injurious to human health and offensive to

the senses, affect the surrounding neighborhood and a considerable number of persons therein, and

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 interfere with the comfortable enjoyment of Plaintiffs property.

19. Plaintiffs further state that Defendants have interfered with a public right, and that

they have suffered an injury distinct from that suffered by the public at large.

20. Plaintiffs state that Defendants negligently and/or carelessly maintained the

Property so as to create a potential and unreasonable risk of harm, which in due course, has resulted

in injury to Plaintiffs.

21. Plaintiffs state that, as a result of Defendants creation and/or maintenance of a

qualified public nuisance, they have been caused to suffer damages and losses, including: chronic

exposure to and/or inhalation of such chemicals and irritants as hydrogen sulfide, methane, and

various construction and debris generated particles including concrete, fiberglass, drywall debris,

chromium metal, soot, charred debris, and Polycyclic Aromatic Hydrocarbons; compromise to

the structural integrity of their homes, and; a loss of enjoyment and full use of their properties.

COUNT TWO

22. Plaintiffs hereby incorporate all of the facts, statements and allegations contained

in Paragraphs 1 through 21 as if fully rewritten herein.

23. Plaintiffs state that Defendants conduct constitutes a culpable and intentional act

resulting in harm, an act involving culpable and unlawful conduct causing unintentional harm, or a

nonculpable act resulting in accidental harm, for which, because of the hazards involved, absolute

liability attaches notwithstanding the absence of fault.

24. Plaintiffs state that Defendants are strictly liable for the creation and/or maintenance

of an absolute nuisance on the Property.

25. Plaintiffs further state that Defendants creation and/or maintenance of a public

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 nuisance has interfered with a public right, and that they have suffered an injury distinct from that

suffered by the public at large.

26. Plaintiffs state that, as a result of Defendants creation and/or maintenance of an

absolute public nuisance, they have been caused to suffer the damages as set forth herein.

COUNT THREE

27. Plaintiffs hereby incorporate all of the facts, statements and allegations contained

in Paragraphs 1 through 26 as if fully rewritten herein.

28. Plaintiffs state that Defendants negligently and/or carelessly maintained the

Property so as to create a potential and unreasonable risk of harm, which in due course, has resulted

in injury to Plaintiffs and invaded their private interests in the use and enjoyment of their land.

29. Plaintiffs state that, as a result of Defendants creation and/or maintenance of a

qualified private nuisance, they have been caused to suffer the losses as set forth herein.

COUNT FOUR

30. Plaintiffs hereby incorporate all of the facts, statements and allegations contained

in Paragraphs 1 through 29 as if fully rewritten herein

31. Plaintiffs state that Defendants conduct constitutes a culpable and intentional act

resulting in harm, an act involving culpable and unlawful conduct causing unintentional harm, or a

nonculpable act resulting in accidental harm, for which, because of the hazards involved, absolute

liability attaches notwithstanding the absence of fault.

32. Plaintiffs state that Defendants are strictly liable for the creation and/or maintenance

of an absolute nuisance on the Property, which nuisance has constituted an invasion of their private

interests in the use and enjoyment of their land.

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 33. Plaintiffs state that, as a result of Defendants creation and/or maintenance of an

absolute private nuisance, they have been caused to suffer the losses as set forth herein.

WHEREFORE, Plaintiffs, Harris Drummonds, Dorinda Drummonds, Darnacia

Drummonds, Dayah Drummonds, Dejanay Drummonds, Donna Drummonds, Jenetta Davis,

Willie Morrow, Frank Garner, Thomas Moss, Doris Moss, Ayanna Powell, Individually and as

Parent/Natural Guardian of Deyanna Parker, a minor, Alexander Carter, Donald Carter, Alexis

Dillard, Individually and as Parent/Natural Guardian of Daniel Carter, a minor, Linda Dillard,

Edward Dillard, Sr., Eric Cooper, Andre Hendrix, Walterine Gage, Jimmy Fields, Ashley Jones,

Rocco Smith, Shanii Smith, Dorian Drummonds, and Anthony Britt, demand judgment against

Defendants, 1705 Noble Road Properties, LLC, ARCO Recycling, Inc., and/or John Doe and/or

John Doe, Inc., I-V, on Counts One, Two, Three, and Four in an amount in excess of Twenty-

Five Thousand Dollars ($25,000.00) per Count, in addition to interest and court costs.

THE BRUNN LAW FIRM CO., L.P.A.

/s/ Thomas L. Biunn. Jr._ _ _ _ _ _ _ _

Thomas L. Brunn, Jr. (#0042453)
Alison D. Ramsey (#0078121)
COUNSEL FOR PLAINTIFFS
700 West St. Clair Avenue
Suite 208 - Hoyt Block Building
Cleveland, Ohio 44113
Tel: (216) 623-7300
Fax: (216) 623-7330
E-Mail: brunn@brunn1awfirm.com

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 JURY DEMAND

A trial by jury is hereby demanded on behalf of Plaintiffs herein.

/s/ Thomas L. Biunn. Jr._ _ _ _ _ _ _

Thomas L. Brunn, Jr. (#0042453)
COUNSEL FOR PLAINTIFFS

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