throbber
Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 1 of 11 PAGEID #: 72
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`•
`
`IN THE COURT OF COMMON PLEAS
`FOR PREBLE COUNTY, OHICl
`
`20CV032007
`Case No.
`Judge Stephen R. Bruns
`
`COl\'IPLAINT FOR COMPENSATORY
`AND
`PUNITIVE DAMAGES AND
`INJUNCTIVE RELIEF
`(JURY DEMAND ENDORSED HEREON)
`
`(.llz
`C)
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`c:,
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`C)
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`
`VILLAGE OF CAl\'IDEN, OHIO
`56 West Central Avenue
`Camden, Ohio 45311,
`
`Plaintiff,
`
`V.
`
`CARGILL, INCORPORATED
`c/o CT Corporation System
`4400 Easton Commons Way, Suite 125
`Columbus, Ohio 43219,
`
`CENTRAL SALT, L.L.C.
`c/o CT Corporation System
`4400 Easton Commons Way, Suite 125
`Columbus, Ohio 43219,
`
`R. GOOD RENTALS, LLC
`c/o Tami Good
`7076 North Main Street
`Camden, Ohio 45311,
`
`GOOD RAIL & TRUCK
`TRANSFER, INC.
`c/o Corporate Statutory Services, Inc.
`255 E. Fifth Street, Suite 2400
`Cincinnati, Ohio 45202, and
`
`R. GOOD ENTERPRISES, LLC
`c/o Chester M. Rhoades
`1800 Whipp Road
`Dayton, Ohio 45440,
`
`Defendants.
`
`Plaintiff, the Village of Camden, Ohio (hereinafter "Camden" or "the Village), for its
`
`Complaint against the Defendants R. Good Rentals, LLC, Good Rail & Truck Transfer, Inc., and
`
`R. Good Enterprises, LLC ( collectively, "the Good Defendants"), Cargill, Incorporated
`
`

`

`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 2 of 11 PAGEID #: 73
`
`("Cargill"), and Central Salt, L.L.C. ("Central Salt") states as follows:
`
`I.
`
`THE PARTIES
`
`1.
`
`Camden is a political subdivision in the State of Ohio, whose address is 56 West Central
`
`Avenue, Camden, Ohio 45311, Preble County, Ohio.
`
`The Village's webpage
`
`is
`
`https://camdenohio.org!.
`
`2.
`
`Cargill is a privately-held corporation organized in the State of Delaware on or about July
`
`18, 1930. Cargill is an international producer of food, agricultural, financial and industrial
`
`products and services. Cargill currently conducts business in the State of Ohio, and as part of this
`
`business, Cargill owns road salt in the State of Ohio.
`
`3.
`
`Central Salt is a limited liability company organized in Missouri on or about July 11,
`
`1997. Central Salt conducts business in the State of Ohio. As part of its business, Central Salt
`
`owns road salt in the State of Ohio.
`
`4.
`
`R. Good Rentals, LLC is a limited liability company organized in the State of Ohio on or
`
`about May 19, 2003 and, at all times relevant to this Complaint, owned the property located at
`
`7076 and/or 7214 North Main Street in Camden, Ohio where Cargill and Central Salt stored their
`
`road salt. R. Good Rentals, LLC is owned and/or operated by Rodney Good.
`
`5.
`
`Good Rail & Truck Transfer, Inc. is a corporation organized in the State of Ohio on or
`
`about June 29, 1999, and was dissolved on April 18, 2013. Good Rail & Truck Transfer, Inc.
`
`leased the property located at 7076 and/or 7214 North Main Street in Camden, Ohio, and
`
`contracted with Cargill for the storage of salt at the property. Good Rail & Truck Transfer, Inc.
`
`was owned and/or operated by Rodney Good.
`
`6.
`
`R. Good Enterprises, LLC is a limited liability company organized in the State of Ohio
`
`on or about June 29, 1999, and was dissolved on April 25, 2013. R. Good Enterprises, LLC
`
`2
`
`

`

`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 3 of 11 PAGEID #: 74
`
`operated the property located at 7076 and/or 7214 North Main Street, Camden, Ohio, and
`
`contracted with Central Salt for the storage of salt at the property. R. Good Enterprises, LLC
`
`was owned and/or operated by Rodney Good.
`
`II.
`
`FACTUAL ALLEGATIONS
`
`7.
`
`Camden incorporates by reference herein the findings of the Court in its July 29, 2019,
`
`Judgment Entry in the case captioned as State of Ohio ex rel. Dave Yost v. Rodney Good, et al.,
`
`Case No. 13CV029926 (the "Related Action").
`
`8.
`
`Camden's current population is approximately 2,000. As such, Camden is a municipal
`
`corporation classified as a Village under Art. XVIII §1 of Ohio's Constitution.
`
`9.
`
`As a municipal corporation, Camden has broad authority under Art. XVIII §3 of Ohio's
`
`Constitution to exercise all powers of local self-government, including asserting claims in its role
`
`as parens patriae on behalf of its residents and businesses.
`
`10.
`
`The contamination of the Village's old wellfield and public water system by the acts and
`
`omissions of the Good Defendants, Central Salt and Cargill, as found in the Court's July 29,
`
`2019, Judgment Entry in the Related Action, forced the Village to incur at least $3.6 million in
`
`capital debt in order to, among other steps, (a) locate a new wellfield, (b) acquire the necessary
`
`property via eminent domain, ( c) test, design, and install new wells, ( d) design and install a new
`
`treatment system and building to house the new treatment system, (e) design and install valves,
`
`pumps, manifolds and piping to deliver the water from the new wells to the new treatment
`
`system, and (f) obtain all necessary permits and approvals.
`
`11.
`
`The annual operating costs for the Village's new wells and water treatment system are
`
`more than double the operating costs of the Village's wells and water treatment system that were
`
`in place before the contamination was discovered late in 2010. For fiscal year 2009, these costs
`
`3
`
`

`

`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 4 of 11 PAGEID #: 75
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`were approximately $133,703. For fiscal year 2018, these costs were approximately $288,061.
`
`12.
`
`In 2009, the Village's residential water rate was $24.08 per month. In 2019, these rates
`
`had increased to $52.63 per month in order to pay for the capital debt and operating costs of the
`
`new wellfield and public water system.
`
`III.
`
`JURISDICTION AND VENUE
`
`13.
`
`The Court has subject-matter jurisdiction over the claims in this case under R.C. §
`
`2305.01 and R.C. Chapter 2727.
`
`14.
`
`The Court has personal jurisdiction over R. Good Rentals, LLC pursuant to R.C. §
`
`2307.382(A)(l), (2), (3) and (8).
`
`15.
`
`The Court has personal jurisdiction over Good Rail & Truck Transfer, Inc. pursuant to
`
`R.C. § 2307.382(A)(I), (2), (3) and (8).
`
`16.
`
`The Court has personal jurisdiction over Good Enterprises, LLC pursuant to R.C. §
`
`2307.382(A)(l), (2), (3) and (8).
`
`17.
`
`The Court has personal jurisdiction over Central Salt pursuant to R.C. § 2307.382(A)(l),
`
`(2), (3), (4) and (8).
`
`18.
`
`The Court has personal jurisdiction over Cargill pursuant to R.C. § 2307.382(A)(l), (2),
`
`(3), (4) and (8).
`
`19.
`
`Venue is proper under Civ. R. 3(C) because the acts and omissions giving rise to this
`
`Complaint occurred in relation to real property located in Preble County, Ohio. Venue is also
`
`proper because the Village is located in Preble County, Ohio.
`
`IV.
`
`COUNT ONE (COMMON LAW PUBLIC NUISANCE)
`
`20.
`
`The Village incorporates by reference herein the findings of the Court in its July 29,
`
`2019, Judgment Entry in the Related Action. Camden also incorporates by reference herein
`
`4
`
`

`

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`
`allegations l through 19 of this Complaint.
`
`21.
`
`The Village of Camden and its residents and businesses have the common law right to a
`
`clean, safe, potable source of water of their own choosing.
`
`22.
`
`Until late in 2010, the Village supplied a clean, safe, potable source of water to its
`
`residents and businesses, when it was discovered that salt from a pile located and managed by
`
`Central Salt and Cargill on property owned or managed by the Good Defendants had migrated in
`
`large quantities from the pile, through surrounding soils, and into the groundwater feeding into
`
`wells that were the sole source of the Village's water supply, at concentrations significantly
`
`exceeding state and federal drinking water standards.
`
`23.
`
`All Defendants knew, consciously disregarded, or in an exercise of reckless disregard
`
`should have known, that the location of the salt pile was immediately due north of, less than a
`
`mile away from, and directly upgradient from in terms of groundwater flow direction, Camden's
`
`production wells that supplied the water used to provide clean, safe, potable water to the
`
`Village's residents and businesses.
`
`24.
`
`All Defendants knew, consciously disregarded, or in an exercise of reckless disregard
`
`should have known, that the location where the salt pile was placed was directly on top of an
`
`aquifer that has substantial sand and gravel deposits, making the aquifer one of the most
`
`productive, in terms of water, in Ohio, and perhaps even in the United States.
`
`25.
`
`All Defendants knew, consciously disregarded, or in an exercise of reckless disregard
`
`should have known, that an aquifer with the characteristics of that underlying the salt pile would
`
`be highly susceptible to contamination from surface activities.
`
`26.
`
`All Defendants knew, consciously disregarded, or in an exercise of reckless disregard
`
`should have known, that contamination of this aquifer would pose a substantial risk of harm to
`
`5
`
`

`

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`the Village and its residents and businesses.
`
`27.
`
`On information and belief, Central Salt and Cargill are two of the largest salt producers in
`
`the United States, if not the world, and have been storing salt in piles for decades at locations
`
`around the United States.
`
`28.
`
`Central Salt and Cargill were members of The Salt Institute, a trade organization that,
`
`among other things, provided guidance to its members on the location and management of salt
`
`piles to minimize the risk of contamination of surface waters and groundwaters. At the time the
`
`salt pile came to be located in the Village, Central Salt and Cargill were still members of The
`
`Salt Institute.
`
`29.
`
`At the time the salt pile came to be located in the Village on property owned or operated
`
`by the Good Defendants, neither Rodney Good nor the Good Defendants had any prior
`
`experience storing salt in outdoor piles.
`
`30.
`
`Central Salt and Cargill knew, consciously disregarded, or in an exercise of reckless
`
`disregard should have known, that neither Rodney Good nor the Good Defendants had ever
`
`stored salt in outdoor piles before.
`
`31.
`
`Despite Central Salt's and Cargill's vast knowledge and experience with salt storage,
`
`they consciously provided no guidance to Rodney Good or the Good Defendants on the proper
`
`outdoor storage of salt, and they intentionally entered into contracts that sought to hold Rodney
`
`Good and the Good Defendants solely responsible for any environmental contamination
`
`occurring during the operation of outdoor salt piles.
`
`32.
`
`All Defendants knew, consciously disregarded, or in an exercise of reckless disregard
`
`should have known, that the outdoor salt piles were left in the open, without a cover for
`
`substantial periods of time, on an open asphalt pad with little or no berms, at a location where
`
`6
`
`

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`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 7 of 11 PAGEID #: 78
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`any runoff would percolate directly into soils containing high levels of sands and gravels, thus
`
`providing a direct pathway to groundwater.
`
`33.
`
`Based on the findings in the Court's July 29, 2019, Judgment Entry in the Related Action,
`
`all Defendants knew, consciously disregarded, or in an exercise of reckless disregard should
`
`have known, that locating outdoor salt piles where they were located in the Village would create
`
`a substantial risk of contaminating soils and groundwater if the piles were not carefully managed,
`
`including keeping them covered at all times when salt was not being removed from, or added to,
`
`the piles.
`
`34.
`
`Based on the findings in the Court's July 29, 2019, Judgment Entry in the Related Action,
`
`all Defendants engaged separately, as well as jointly or in concert, in a series of acts and
`
`omissions that collectively caused the piles to be mismanaged, leading to salt contaminating the
`
`surrounding soils and groundwater, directly leading to the contamination of the Village's
`
`wellfield.
`
`35.
`
`The acts and omissions of all Defendants unreasonably and significantly interfered with,
`
`and continue today to unreasonably and significantly interfere with, the common rights of the
`
`Village of Camden and its residents and businesses to a safe source of drinking water of their
`
`own choosing, and have caused, and continue today to cause, detrimental effects on the public
`
`health, welfare, safety, comfort, and convenience of the residents and businesses in the Village of
`
`Camden, thus creating a public nuisance.
`
`36.
`
`All Defendants have knowingly and deliberately failed to remove the contamination from
`
`the soils and groundwater underneath the property of Rodney Good or the Good Defendants, and
`
`have knowingly and deliberately failed to take any steps to stop the ongoing migration of salt
`
`therefrom onto the Village's property and into its drinking water wells, thereby knowingly and
`
`7
`
`

`

`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 8 of 11 PAGEID #: 79
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`deliberately continuing to unreasonably and significantly interfere with the common rights of the
`
`Village of Camden's residents and businesses to a safe source of drinking water of their own
`
`choosing, and knowingly and deliberately causing detrimental effects on the public health,
`
`welfare, safety, comfort, and convenience of the residents and businesses in the Village of
`
`Camden, thus creating an ongoing public nuisance.
`
`37.
`
`As a direct and proximate result of the conduct of all of the Defendants, Camden was
`
`issued emergency orders by Ohio EPA to immediately shut down use of the Village's production
`
`wells and locate a new source of water for its residents and businesses.
`
`38.
`
`As a direct and proximate result of the conduct of all Defendants, Camden incurred
`
`damages in the form of capital debts in excess of $3.6 million dollars for a new public water
`
`system for its residents and businesses, and substantial, increased costs to operate the new public
`
`water system, more than double those required to operate the system that was in place before the
`
`contamination occurred. These damages forced the Village to more than double the water rates
`
`charged to residents and businesses in effect prior to the contamination.
`
`39.
`
`All Defendants are individually and jointly and severally liable for the past and ongoing
`
`damages caused to the Village and its residents and businesses by their creation of an ongoing
`
`public nuisance.
`
`V.
`
`COUNT TWO (COMMON LAW TRESPASS)
`
`40.
`
`The Village incorporates by reference herein the findings of the Court in its July 29,
`
`2019, Judgment Entry in the Related Action. Camden also incorporates by reference herein
`
`allegations 1 through 39 of this Complaint.
`
`41.
`
`Camden owns the wellfield that was contaminated by the acts and omissions of the
`
`Defendants, as set forth in the Court's July 29, 2019, Judgment Entry in the Related Action.
`
`8
`
`

`

`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 9 of 11 PAGEID #: 80
`
`•
`
`42.
`
`Under Art. I § 19b of the Ohio Constitution, Camden has a protected property interest in
`
`the groundwater that supplies raw water to the Village's wells that were contaminated by the acts
`
`and omissions of the Defendants, as set forth in the Court's July 29, 2019, Judgment Entry in the
`
`Related Action.
`
`43.
`
`Upon information and belief, consultants for Ohio EPA, Central Salt, and Cargill in the
`
`Related Action agree that the contamination remaining on, and migrating from, the property of
`
`Rodney Good or the Good Defendants has concentrations of several thousand milligrams per
`
`liter for total chlorides.
`
`44.
`
`Under OAC 3745-82-02, Ohio EPA's drinking water standard for sodium chloride is 250
`
`milligrams per liter.
`
`45.
`
`The acts and omissions of the Defendants, as set forth in the Court's July 29, 2019,
`
`Judgment Entry in the Related Action, caused salt to migrate via soils and groundwater onto the
`
`Village's property, interfering with the Village's property rights, including the Village's right to
`
`full use and enjoyment of its production wells for the purpose of supplying water for treatment
`
`and distribution to residents and businesses.
`
`46.
`
`The acts and omissions of the Defendants, as set forth in the Court's July 29, 2019,
`
`Judgment Entry in the Related Action, created a trespass on the Village's property and unlawful
`
`interference with the Village's property rights.
`
`47.
`
`The Defendants have not removed the contamination from the soils on, and the
`
`groundwater running under, the property of Rodney Good or the Good Defendants, nor have they
`
`taken any steps to stop the ongoing migration of salt onto the Village's property and into the
`
`Village's wells, thus creating an ongoing trespass against the Village's property rights. And the
`
`Village continues to be prohibited by Ohio EPA from recommencing the use of the Village's
`
`9
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`

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`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 10 of 11 PAGEID #: 81
`
`•
`
`•
`
`wells due to the ongoing contamination .
`
`48.
`
`The Defendants each, both
`
`individually as well as collectively, retain control,
`
`individually and collectively, to stop the ongoing trespass onto the Village's property, but have
`
`knowingly and deliberately failed to exercise that control.
`
`49.
`
`As a direct and proximate result of the conduct of the Defendants, Camden incurred
`
`damages in the form of capital debts in excess of $3.6 million dollars for a new public water
`
`system for its residents and businesses, and substantial, increased costs to operate the new public
`
`water system that are more than double the costs required to operate the system that was in place
`
`before the contamination occurred. These damages forced the Village to more than double the
`
`water rates charged to residents and businesses in effect prior to the contamination of the
`
`Village's wells.
`
`50.
`
`The Defendants are individually and jointly and severally liable for the damages caused
`
`to the Village and its residents and businesses by their creation of an ongoing trespass and
`
`interference with the property rights of the Village.
`
`VI.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, the Village of Camden respectfully requests that the Court:
`
`I.
`
`Issue an Order under R.C. l 701.88(A) and l 701.89(A)(4) extending the winding down
`
`period of Good Rail & Truck Transfer, Inc., and R. Good Enterprises, LLC for purposes of
`
`entering judgment against the two corporations on behalf of the Village of Camden;
`
`2.
`
`Issue a judgment that the Defendants individually and jointly and severally have created
`
`an ongoing public nuisance and trespass against the Village of Camden and its residents and
`
`businesses;
`
`3.
`
`Issue a judgment that the Defendants are individually and jointly and severally
`
`10
`
`

`

`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 11 of 11 PAGEID #: 82
`
`•
`
`responsible for compensatory and punitive damages, including attorney fees, in an amount to be
`
`proven at trial, in excess of $25,000, as a result of the ongoing public nuisance and trespass;
`
`4.
`
`Issue an injunction ordering the Defendants individually and jointly and severally to
`
`remediate the contaminated soils and groundwater expeditiously, so that the Village of Camden's
`
`property rights are restored, and the Village can resume use of its former production wells for
`
`blending with water from the new wells in order to reduce operating costs for the public water
`
`system; and
`
`5.
`
`Award to the Village of Camden all other costs and injunctive relief that is otherwise just
`
`and equitable.
`
`'~
`
`~~1,..en N. Haughey (0010459)
`Danielle E. List (0098348)
`FROST BROWN TODD LLC
`301 East Fourth Street, Suite 3200
`Cincinnati, OH 45202
`(513) 651-6800
`(513) 651-6981 (fax)
`email: shaughey@fbtlaw.com
`email: dlist@fbtlaw.com
`Counsel for the Village of Camden, Ohio
`
`JURY DEMAND
`
`Plaintiff demands a trial by jury on all matters so triable.
`
`PRAECIPE FOR SERVICE
`
`Plaintiff requests the Clerk to issue a Summons in accordance with Civ. R. 4.1 (A)(!) to
`
`Cargill, Incorporated, Central Salt L.L.C., R. Good Rentals, LLC., Good Rail & Truck Transfer,
`
`Inc., and R. Good Enterprises, LLC, at their respective addresses provided on the caption of this
`
`Complaint by certified U.S. Mail, return receipt requested.
`
`0!20690.0584342 4843-3775-5326vl
`
`11
`
`

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