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Supreme Court denies class-action status in GP lawsuit Friday, Oct 12, 2007 Arkansas News Bureau LITTLE ROCK - The state Supreme Court on Thursday denied class-action status to Ashley County residents who sued Georgia-Pacific Corp. over the quality of air being released from an industrial wastewater treatment plant. The high court reversed Ashley County Circuit Judge Robert Bynum Gibson's decision that granted limited class certification to the residents. Gibson had ruled that the private nuisance claims made by the residents in the lawsuit "impacted the class members' use and enjoyment of their poverty, and thereby unfavorably affected its value." The high court said numerous and complex individual issues predominated over the common issues in the case. "... It is evident, from the property owners' claims and from the sheer nature of a claim for private nuisance, that individual issues exist ... as to whether and to what extent Georgia-Pacific's operation of its wastewater treatment system caused consequences to, and constituted an unreasonable interference, with, the property owners' use and enjoyment of their property," Justice Paul Danielson wrote. "For this reason, we cannot say that a common question of law or fact predominates over individual issues and we reverse and remand the court's order granting limited certification," Danielson wrote. |
