Judge Denies Class-Action Status In Suit Against Plant

Residents of a Michigan city suing a controversial aluminum recycling plant were dealt a blow when a judge refused to grant their lawsuit class-action status.

Wayne County Circuit Court Judge Isidore Torres issued the ruling March 12, said Donna Halinski, spokeswoman for Continental Aluminum.

"This is a pretty strong statement," she said.

Two years ago, more than 150 residents living near the plant sued Continental in the hope of stopping operations or modifying them to reduce noise and odor. They also want Continental to pay damages. The motion for class-action status was filed in March of 2001.

Residents from Detroit also sued the company. Continental Aluminum operated in Detroit before moving to Lyon Township. Residents from both communities were vying for class-action status. Lawyers for the residents declined comment Wednesday evening.

"We haven't seen anything yet, so I really can't comment," said Josh Wallish, an attorney from Varnum, Riddering, Schmidt & Howlett in Grand Rapids.

Torres ruled that the residents' claims weren't suitable for class-action status. He said the case would not be manageable as a class action. A settlement conference was set by Torres for April 9. Lawyers for the residents and Continental Aluminum will meet to talk about a possible agreement to end the case.

Continental Aluminum, which moved to the western Oakland County community from Detroit in 1997, recycles aluminum scrap. It is surrounded by homes, and residents have long complained that they suffer health problems and a decreased standard of living because of odors and noise from the plant.

This isn't the only setback residents have faced this month.

Last week, Oakland County Circuit Court Judge Fred Mester ruled in favor of Continental Aluminum's ability to rebuild its plant after it was damaged by an August fire.

Mester ruled that the township's Zoning Board of Appeals was wrong in placing conditions on the plant's plans to fix its facility. The aluminum recycling company appealed to the court after last fall's ruling by the township, saying the conditions set forth were unconstitutional.

Although residents and officials say they are disappointed in the outcomes of these two court cases, some are still hoping that a Michigan Department of Community Health exposure investigation, planned for this year, could sound the death knell for Continental.

A study released last August by the federal Agency for Toxic Substances and Disease Registry recommended that such an investigation be conducted.

Residents and officials hope the investigation, which will monitor odor emissions to determine if dangerous chemicals are being released into the air, will force Continental to make changes or move from Lyon Township. The Oakland (Michigan) Press