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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)
`
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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,
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`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
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`Complaint against the Defendants R. Good Rentals, LLC, Good Rail & Truck Transfer, Inc., and
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`R. Good Enterprises, LLC ( collectively, "the Good Defendants"), Cargill, Incorporated
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`
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`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 2 of 11 PAGEID #: 73
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`("Cargill"), and Central Salt, L.L.C. ("Central Salt") states as follows:
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`I.
`
`THE PARTIES
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`1.
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`Camden is a political subdivision in the State of Ohio, whose address is 56 West Central
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`Avenue, Camden, Ohio 45311, Preble County, Ohio.
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`The Village's webpage
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`is
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`https://camdenohio.org!.
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`2.
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`Cargill is a privately-held corporation organized in the State of Delaware on or about July
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`18, 1930. Cargill is an international producer of food, agricultural, financial and industrial
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`products and services. Cargill currently conducts business in the State of Ohio, and as part of this
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`business, Cargill owns road salt in the State of Ohio.
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`3.
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`Central Salt is a limited liability company organized in Missouri on or about July 11,
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`1997. Central Salt conducts business in the State of Ohio. As part of its business, Central Salt
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`owns road salt in the State of Ohio.
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`4.
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`R. Good Rentals, LLC is a limited liability company organized in the State of Ohio on or
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`about May 19, 2003 and, at all times relevant to this Complaint, owned the property located at
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`7076 and/or 7214 North Main Street in Camden, Ohio where Cargill and Central Salt stored their
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`road salt. R. Good Rentals, LLC is owned and/or operated by Rodney Good.
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`5.
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`Good Rail & Truck Transfer, Inc. is a corporation organized in the State of Ohio on or
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`about June 29, 1999, and was dissolved on April 18, 2013. Good Rail & Truck Transfer, Inc.
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`leased the property located at 7076 and/or 7214 North Main Street in Camden, Ohio, and
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`contracted with Cargill for the storage of salt at the property. Good Rail & Truck Transfer, Inc.
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`was owned and/or operated by Rodney Good.
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`6.
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`R. Good Enterprises, LLC is a limited liability company organized in the State of Ohio
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`on or about June 29, 1999, and was dissolved on April 25, 2013. R. Good Enterprises, LLC
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`2
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`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 3 of 11 PAGEID #: 74
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`operated the property located at 7076 and/or 7214 North Main Street, Camden, Ohio, and
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`contracted with Central Salt for the storage of salt at the property. R. Good Enterprises, LLC
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`was owned and/or operated by Rodney Good.
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`II.
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`FACTUAL ALLEGATIONS
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`7.
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`Camden incorporates by reference herein the findings of the Court in its July 29, 2019,
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`Judgment Entry in the case captioned as State of Ohio ex rel. Dave Yost v. Rodney Good, et al.,
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`Case No. 13CV029926 (the "Related Action").
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`8.
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`Camden's current population is approximately 2,000. As such, Camden is a municipal
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`corporation classified as a Village under Art. XVIII §1 of Ohio's Constitution.
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`9.
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`As a municipal corporation, Camden has broad authority under Art. XVIII §3 of Ohio's
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`Constitution to exercise all powers of local self-government, including asserting claims in its role
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`as parens patriae on behalf of its residents and businesses.
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`10.
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`The contamination of the Village's old wellfield and public water system by the acts and
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`omissions of the Good Defendants, Central Salt and Cargill, as found in the Court's July 29,
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`2019, Judgment Entry in the Related Action, forced the Village to incur at least $3.6 million in
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`capital debt in order to, among other steps, (a) locate a new wellfield, (b) acquire the necessary
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`property via eminent domain, ( c) test, design, and install new wells, ( d) design and install a new
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`treatment system and building to house the new treatment system, (e) design and install valves,
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`pumps, manifolds and piping to deliver the water from the new wells to the new treatment
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`system, and (f) obtain all necessary permits and approvals.
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`11.
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`The annual operating costs for the Village's new wells and water treatment system are
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`more than double the operating costs of the Village's wells and water treatment system that were
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`in place before the contamination was discovered late in 2010. For fiscal year 2009, these costs
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`3
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`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.
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`12.
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`In 2009, the Village's residential water rate was $24.08 per month. In 2019, these rates
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`had increased to $52.63 per month in order to pay for the capital debt and operating costs of the
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`new wellfield and public water system.
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`III.
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`JURISDICTION AND VENUE
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`13.
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`The Court has subject-matter jurisdiction over the claims in this case under R.C. §
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`2305.01 and R.C. Chapter 2727.
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`14.
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`The Court has personal jurisdiction over R. Good Rentals, LLC pursuant to R.C. §
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`2307.382(A)(l), (2), (3) and (8).
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`15.
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`The Court has personal jurisdiction over Good Rail & Truck Transfer, Inc. pursuant to
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`R.C. § 2307.382(A)(I), (2), (3) and (8).
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`16.
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`The Court has personal jurisdiction over Good Enterprises, LLC pursuant to R.C. §
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`2307.382(A)(l), (2), (3) and (8).
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`17.
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`The Court has personal jurisdiction over Central Salt pursuant to R.C. § 2307.382(A)(l),
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`(2), (3), (4) and (8).
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`18.
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`The Court has personal jurisdiction over Cargill pursuant to R.C. § 2307.382(A)(l), (2),
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`(3), (4) and (8).
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`19.
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`Venue is proper under Civ. R. 3(C) because the acts and omissions giving rise to this
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`Complaint occurred in relation to real property located in Preble County, Ohio. Venue is also
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`proper because the Village is located in Preble County, Ohio.
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`IV.
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`COUNT ONE (COMMON LAW PUBLIC NUISANCE)
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`20.
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`The Village incorporates by reference herein the findings of the Court in its July 29,
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`2019, Judgment Entry in the Related Action. Camden also incorporates by reference herein
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`4
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`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 5 of 11 PAGEID #: 76
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`allegations l through 19 of this Complaint.
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`21.
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`The Village of Camden and its residents and businesses have the common law right to a
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`clean, safe, potable source of water of their own choosing.
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`22.
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`Until late in 2010, the Village supplied a clean, safe, potable source of water to its
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`residents and businesses, when it was discovered that salt from a pile located and managed by
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`Central Salt and Cargill on property owned or managed by the Good Defendants had migrated in
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`large quantities from the pile, through surrounding soils, and into the groundwater feeding into
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`wells that were the sole source of the Village's water supply, at concentrations significantly
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`exceeding state and federal drinking water standards.
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`23.
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`All Defendants knew, consciously disregarded, or in an exercise of reckless disregard
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`should have known, that the location of the salt pile was immediately due north of, less than a
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`mile away from, and directly upgradient from in terms of groundwater flow direction, Camden's
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`production wells that supplied the water used to provide clean, safe, potable water to the
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`Village's residents and businesses.
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`24.
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`All Defendants knew, consciously disregarded, or in an exercise of reckless disregard
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`should have known, that the location where the salt pile was placed was directly on top of an
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`aquifer that has substantial sand and gravel deposits, making the aquifer one of the most
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`productive, in terms of water, in Ohio, and perhaps even in the United States.
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`25.
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`All Defendants knew, consciously disregarded, or in an exercise of reckless disregard
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`should have known, that an aquifer with the characteristics of that underlying the salt pile would
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`be highly susceptible to contamination from surface activities.
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`26.
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`All Defendants knew, consciously disregarded, or in an exercise of reckless disregard
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`should have known, that contamination of this aquifer would pose a substantial risk of harm to
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`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 6 of 11 PAGEID #: 77
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`the Village and its residents and businesses.
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`27.
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`On information and belief, Central Salt and Cargill are two of the largest salt producers in
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`the United States, if not the world, and have been storing salt in piles for decades at locations
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`around the United States.
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`28.
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`Central Salt and Cargill were members of The Salt Institute, a trade organization that,
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`among other things, provided guidance to its members on the location and management of salt
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`piles to minimize the risk of contamination of surface waters and groundwaters. At the time the
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`salt pile came to be located in the Village, Central Salt and Cargill were still members of The
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`Salt Institute.
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`29.
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`At the time the salt pile came to be located in the Village on property owned or operated
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`by the Good Defendants, neither Rodney Good nor the Good Defendants had any prior
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`experience storing salt in outdoor piles.
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`30.
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`Central Salt and Cargill knew, consciously disregarded, or in an exercise of reckless
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`disregard should have known, that neither Rodney Good nor the Good Defendants had ever
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`stored salt in outdoor piles before.
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`31.
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`Despite Central Salt's and Cargill's vast knowledge and experience with salt storage,
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`they consciously provided no guidance to Rodney Good or the Good Defendants on the proper
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`outdoor storage of salt, and they intentionally entered into contracts that sought to hold Rodney
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`Good and the Good Defendants solely responsible for any environmental contamination
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`occurring during the operation of outdoor salt piles.
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`32.
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`All Defendants knew, consciously disregarded, or in an exercise of reckless disregard
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`should have known, that the outdoor salt piles were left in the open, without a cover for
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`substantial periods of time, on an open asphalt pad with little or no berms, at a location where
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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
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`providing a direct pathway to groundwater.
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`33.
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`Based on the findings in the Court's July 29, 2019, Judgment Entry in the Related Action,
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`all Defendants knew, consciously disregarded, or in an exercise of reckless disregard should
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`have known, that locating outdoor salt piles where they were located in the Village would create
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`a substantial risk of contaminating soils and groundwater if the piles were not carefully managed,
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`including keeping them covered at all times when salt was not being removed from, or added to,
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`the piles.
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`34.
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`Based on the findings in the Court's July 29, 2019, Judgment Entry in the Related Action,
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`all Defendants engaged separately, as well as jointly or in concert, in a series of acts and
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`omissions that collectively caused the piles to be mismanaged, leading to salt contaminating the
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`surrounding soils and groundwater, directly leading to the contamination of the Village's
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`wellfield.
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`35.
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`The acts and omissions of all Defendants unreasonably and significantly interfered with,
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`and continue today to unreasonably and significantly interfere with, the common rights of the
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`Village of Camden and its residents and businesses to a safe source of drinking water of their
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`own choosing, and have caused, and continue today to cause, detrimental effects on the public
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`health, welfare, safety, comfort, and convenience of the residents and businesses in the Village of
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`Camden, thus creating a public nuisance.
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`36.
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`All Defendants have knowingly and deliberately failed to remove the contamination from
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`the soils and groundwater underneath the property of Rodney Good or the Good Defendants, and
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`have knowingly and deliberately failed to take any steps to stop the ongoing migration of salt
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`therefrom onto the Village's property and into its drinking water wells, thereby knowingly and
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`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
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`Village of Camden's residents and businesses to a safe source of drinking water of their own
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`choosing, and knowingly and deliberately causing detrimental effects on the public health,
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`welfare, safety, comfort, and convenience of the residents and businesses in the Village of
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`Camden, thus creating an ongoing public nuisance.
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`37.
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`As a direct and proximate result of the conduct of all of the Defendants, Camden was
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`issued emergency orders by Ohio EPA to immediately shut down use of the Village's production
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`wells and locate a new source of water for its residents and businesses.
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`38.
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`As a direct and proximate result of the conduct of all Defendants, Camden incurred
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`damages in the form of capital debts in excess of $3.6 million dollars for a new public water
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`system for its residents and businesses, and substantial, increased costs to operate the new public
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`water system, more than double those required to operate the system that was in place before the
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`contamination occurred. These damages forced the Village to more than double the water rates
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`charged to residents and businesses in effect prior to the contamination.
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`39.
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`All Defendants are individually and jointly and severally liable for the past and ongoing
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`damages caused to the Village and its residents and businesses by their creation of an ongoing
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`public nuisance.
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`V.
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`COUNT TWO (COMMON LAW TRESPASS)
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`40.
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`The Village incorporates by reference herein the findings of the Court in its July 29,
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`2019, Judgment Entry in the Related Action. Camden also incorporates by reference herein
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`allegations 1 through 39 of this Complaint.
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`41.
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`Camden owns the wellfield that was contaminated by the acts and omissions of the
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`Defendants, as set forth in the Court's July 29, 2019, Judgment Entry in the Related Action.
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`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 9 of 11 PAGEID #: 80
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`•
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`42.
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`Under Art. I § 19b of the Ohio Constitution, Camden has a protected property interest in
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`the groundwater that supplies raw water to the Village's wells that were contaminated by the acts
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`and omissions of the Defendants, as set forth in the Court's July 29, 2019, Judgment Entry in the
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`Related Action.
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`43.
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`Upon information and belief, consultants for Ohio EPA, Central Salt, and Cargill in the
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`Related Action agree that the contamination remaining on, and migrating from, the property of
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`Rodney Good or the Good Defendants has concentrations of several thousand milligrams per
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`liter for total chlorides.
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`44.
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`Under OAC 3745-82-02, Ohio EPA's drinking water standard for sodium chloride is 250
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`milligrams per liter.
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`45.
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`The acts and omissions of the Defendants, as set forth in the Court's July 29, 2019,
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`Judgment Entry in the Related Action, caused salt to migrate via soils and groundwater onto the
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`Village's property, interfering with the Village's property rights, including the Village's right to
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`full use and enjoyment of its production wells for the purpose of supplying water for treatment
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`and distribution to residents and businesses.
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`46.
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`The acts and omissions of the Defendants, as set forth in the Court's July 29, 2019,
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`Judgment Entry in the Related Action, created a trespass on the Village's property and unlawful
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`interference with the Village's property rights.
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`47.
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`The Defendants have not removed the contamination from the soils on, and the
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`groundwater running under, the property of Rodney Good or the Good Defendants, nor have they
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`taken any steps to stop the ongoing migration of salt onto the Village's property and into the
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`Village's wells, thus creating an ongoing trespass against the Village's property rights. And the
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`Village continues to be prohibited by Ohio EPA from recommencing the use of the Village's
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`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 10 of 11 PAGEID #: 81
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`•
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`•
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`wells due to the ongoing contamination .
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`48.
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`The Defendants each, both
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`individually as well as collectively, retain control,
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`individually and collectively, to stop the ongoing trespass onto the Village's property, but have
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`knowingly and deliberately failed to exercise that control.
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`49.
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`As a direct and proximate result of the conduct of the Defendants, Camden incurred
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`damages in the form of capital debts in excess of $3.6 million dollars for a new public water
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`system for its residents and businesses, and substantial, increased costs to operate the new public
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`water system that are more than double the costs required to operate the system that was in place
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`before the contamination occurred. These damages forced the Village to more than double the
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`water rates charged to residents and businesses in effect prior to the contamination of the
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`Village's wells.
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`50.
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`The Defendants are individually and jointly and severally liable for the damages caused
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`to the Village and its residents and businesses by their creation of an ongoing trespass and
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`interference with the property rights of the Village.
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`VI.
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`PRAYER FOR RELIEF
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`WHEREFORE, the Village of Camden respectfully requests that the Court:
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`I.
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`Issue an Order under R.C. l 701.88(A) and l 701.89(A)(4) extending the winding down
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`period of Good Rail & Truck Transfer, Inc., and R. Good Enterprises, LLC for purposes of
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`entering judgment against the two corporations on behalf of the Village of Camden;
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`2.
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`Issue a judgment that the Defendants individually and jointly and severally have created
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`an ongoing public nuisance and trespass against the Village of Camden and its residents and
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`businesses;
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`3.
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`Issue a judgment that the Defendants are individually and jointly and severally
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`Case: 3:20-cv-00273-DRC Doc #: 2 Filed: 07/02/20 Page: 11 of 11 PAGEID #: 82
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`•
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`responsible for compensatory and punitive damages, including attorney fees, in an amount to be
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`proven at trial, in excess of $25,000, as a result of the ongoing public nuisance and trespass;
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`4.
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`Issue an injunction ordering the Defendants individually and jointly and severally to
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`remediate the contaminated soils and groundwater expeditiously, so that the Village of Camden's
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`property rights are restored, and the Village can resume use of its former production wells for
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`blending with water from the new wells in order to reduce operating costs for the public water
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`system; and
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`5.
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`Award to the Village of Camden all other costs and injunctive relief that is otherwise just
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`and equitable.
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`'~
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`~~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
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`JURY DEMAND
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`Plaintiff demands a trial by jury on all matters so triable.
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`PRAECIPE FOR SERVICE
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`Plaintiff requests the Clerk to issue a Summons in accordance with Civ. R. 4.1 (A)(!) to
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`Cargill, Incorporated, Central Salt L.L.C., R. Good Rentals, LLC., Good Rail & Truck Transfer,
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`Inc., and R. Good Enterprises, LLC, at their respective addresses provided on the caption of this
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`Complaint by certified U.S. Mail, return receipt requested.
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`0!20690.0584342 4843-3775-5326vl
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`11
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