KALAMAZOO, MI (WKZO AM/FM) – A federal judge has refused to dismiss a class action lawsuit filed by a number of Kalamazoo Residents who live near the Graphic Packaging International plant.
The residents are claiming emissions from the plant are making full use of their properties difficult, and may be causing health problems.
Graphic Packaging International filed a motion to dismiss, arguing first that the statute of limitations had passed. Second, that the plaintiffs failed to provide any evidence of their claims. Third, that the plaintiffs failed to prove any special and distinct harm and finally, that the plaintiffs failed to recommend a remedy.
Federal Judge Janet Neff, in Grand Rapids, did find in favor of the plant on one of the four complaints, that the Plaintiffs failed to prove special and distinct harm, which could be significant.
But Judge Neff was not persuaded by the Company’s attorneys on the other three issues, so for now, the lawsuit will continue.
reporting from John McNeill
