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ALEX JEFFREY, A SINGLE MAN; ERIC JEFFREY, A SINGLE MAN; ALAN SIMMONS, A SINGLE MAN; STEPHANIE JUNOT, A SINGLE WOMAN; JEFFREY KING AND ALISA KING, HUSBAND AND WIFE; BRIANNE KING, MINOR, BY AND THROUGH ALISA KING; RONALD KIRKPATRICK AND MARYLAND KIRKPATRICK, HUSBAND AND WIFE; RONALD LAMBERT, A SINGLE MAN; SCOTT LARSON, A SINGLE MAN; CAROL OLSON, A SINGLE WOMAN; HANNAH OLSON, MINOR, BY AND THROUGH SCOTT LARSON; RIELLY PABLO, MINOR, BY AND THROUGH CAROL OLSON; SIERRA PABLO, MINOR, BY AND THROUGH CAROL OLSON;WILLARD LARSON AND ESTHER LARSON, HUSBAND AND WIFE; JOAN LJUNGQUIST, A SINGLE WOMAN; SLAWOMIR LOBROW AND LIDIA LOBROW, HUSBAND AND WIFE; DEAN MAAS AND JILL MAAS, HUSBAND AND WIFE; BRUCE MACAULAY AND DEBORAH MACAULAY, HUSBAND AND WIFE; JERRY MANSFIELD AND LISA MANSFIELD, HUSBAND AND WIFE; WENDY MCKENNA, A SINGLE WOMAN; RICHARD WEAVER, A SINGLE MAN; TERENCE MIRANDA AND PATRICIA MIRANDA, HUSBAND AND WIFE; JAMES MOFFAT AND GAYLE MOFFAT, HUSBAND AND WIFE; BYRON MUCK AND KIM MUCK, HUSBAND AND WIFE; LENORE OLSEN, A SINGLE WOMAN; PAUL OLSON, A SINGLE MAN; ROBERT PERIGARD AND FRANCES PERIGARD, HUSBAND AND WIFE; ELIZABETH PETERSEN, A SINGLE WOMAN; RUSSELL R. PETERSEN, A SINGLE MAN; RUSSELL L. PETERSEN, A SINGLE MAN; ANTHONY AND DENISE PONTRANTOLFI, HUSBAND AND
COMPLAINT - 2
413 Eighth Street Hoquiam, WA 98550 Tel: 360-533-2710

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WIFE; ZACKARY PONTRANTOLFI, A SINGLE MAN; KRISTIAN POULSEN AND MARY POULSEN, HUSBAND AND WIFE; AND PHIL REEVES AND JUDY REEVES, HUSBAND AND WIFE, Plaintiffs, v. CEDAR GROVE COMPOSTING, INC., A CORPORATION, Defendant.

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413 Eighth Street Hoquiam, WA 98550 Tel: 360-533-2710

I. INTRODUCTION 1. Plaintiffs are individuals with property and possessory interests and are residents of Snohomish County, Washington. 2. Plaintiffs bring this action for monetary damages against Cedar Grove Composting, Inc. (hereafter referred to as Cedar Grove) arising out of Cedar Groves tortious conduct and operation of its commercial composting facility (hereafter referred to as Cedar Grove Facility) located in Everett, Snohomish County, Washington. 3. Cedar Groves operations have created a nuisance through the recurrent off-site emissions of noxious odors. As a proximate consequence of Cedar Groves tortious conduct, Plaintiffs have suffered, and will continue to suffer, damages including, but not limited to: (1) the loss of use and enjoyment of their properties; (2) substantial and unreasonable interference with the quiet use and enjoyment of their property; and, (3) annoyance, inconvenience and substantial personal discomfort.

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COMPLAINT - 4

II. PARTIES 4. Plaintiff Michael Boggess, a single man, owns and resides at property located at 9018 44th Place NE in Marysville, Snohomish County, Washington. 5. Plaintiffs Steve Britsch and Melissa Britsch, husband and wife, own and reside at property located at 5810 77th Avenue NE in Marysville, Snohomish County, Washington. 6. Plaintiff Betty Campbell, a single woman, owns and resides at property located at 5404 60th Place NE in Marysville, Snohomish County, Washington. 7. Plaintiff Michael Cockrum, a single man, owns and resides at property located at 7008 78th Drive NE in Marysville, Snohomish County, Washington. 8. Plaintiffs Michael Davis and Julie Davis, husband and wife, own and reside at property located at 6917 70th Avenue NE in Marysville, Snohomish County, Washington. 9. Plaintiffs Michael Deskins and Marilyn Deskins, husband and wife, Plaintiff Danielle Deskins, a single woman, and Minor Plaintiff Nicole Deskins, by and through Michael Deskins, own and reside at property located at 5016 85th Place NE in Marysville, Snohomish County, Washington. 10. Plaintiffs John Goldsbury and Kelli Goldsbury, husband and wife, own and reside at property located at 4723 68th Drive NE in Marysville, Snohomish County, Washington. 11. Plaintiffs Steve Grimsley and Kelly Grimsley, husband and wife, Plaintiff Kaitlyn Grimsley, a single woman, and Plaintiff Emily Grimsley, a single woman, own and reside at property located at 4313 58th Drive NE in Marysville, Snohomish County, Washington. 12. Plaintiffs Cody Hankins and Alicia Hankins, husband and wife, and Minor Plaintiffs Bailey Hankins, Tristan Hankins, and Sean Hankins, by and through Cody Hankins, own

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413 Eighth Street Hoquiam, WA 98550 Tel: 360-533-2710

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and reside at property located at 6706 84th Drive NE in Marysville, Snohomish County, Washington. 13. Plaintiffs Anthony Ivanjack and Juanita Ivanjack, husband and wife, own and reside at property located at 7614 80th Avenue NE in Marysville, Snohomish County, Washington. 14. Plaintiff Sara Jeffers-Atchley, a single woman, owns and resides at property located at 3416 68th Drive NE in Marysville, Snohomish County, Washington. 15. Plaintiffs Gary Jeffrey and Mary Jeffrey, husband and wife, Plaintiff Alex Jeffrey, a single man, and Plaintiff Eric Jeffrey, a single man, own and reside at property located at 4722 68th Drive NE in Marysville, Snohomish County, Washington. 16. Plaintiff Alex Simmons, a single man, and Plaintiff Stephanie Junot, a single woman, own and reside at property located at 5902 46th Street NE in Marysville, Snohomish County, Washington. 17. Plaintiffs Jeffrey King and Alisa King, husband and wife, and Minor Plaintiff Brianne King, by and through Alisa King, own and reside at property located at 5714 67th Street NE in Marysville, Snohomish County, Washington. 18. Plaintiffs Ronald Kirkpatrick and Maryland Kirkpatrick, husband and wife, own and reside at property located at 5415 59th Place NE in Marysville, Snohomish County, Washington. 19. Plaintiff Ronald Lambert, a single man, owns and resides at property located at 5900 64th Street NE, Space 76, in Marysville, Snohomish County, Washington. 20. Plaintiff Scott Larson, a single man, Plaintiff Carol Olson, a single woman, Minor Plaintiff, Hannah Larson, by and through Scott Larson, and Minor Plaintiffs Rielly Pablo and Sierra Pablo, by and through Carol Olson, own and reside at property located at 6320

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413 Eighth Street Hoquiam, WA 98550 Tel: 360-533-2710

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56th Drive NE in Marysville, Snohomish County, Washington. 21. Plaintiffs Willard Larson and Esther Larson, husband and wife, own and reside at property located at 5220 61st Street NE in Marysville, Snohomish County, Washington. 22. Plaintiff Joan Ljungquist, a single woman, owns and resides at property located at 1001 East Marine View Drive Apartment E-25 in Everett, King County, Washington. 23. Plaintiffs Slawomir Lobrow and Lidia Lobrow, husband and wife, own and reside at property located at 4412 58th Drive NE in Marysville, Snohomish County, Washington. 24. Plaintiffs Dean Maas and Jill Maas, husband and wife, own and reside at property located at 4621 71st Drive NE in Marysville, Snohomish County, Washington. 25. Plaintiffs Bruce Macaulay and Deborah Macaulay, husband and wife, own and reside at property located at 6747 71st Street NE in Marysville, Snohomish County, Washington. 26. Plaintiffs Jerry Mansfield and Lisa Mansfield, husband and wife, own and reside at property located at 4404 58th Drive NE in Marysville, Snohomish County, Washington. 27. Plaintiff Wendy McKenna, a single woman, and Plaintiff Richard Weaver, a single man, own and reside at property located at 6908 78th Drive NE in Marysville, Snohomish County, Washington. 28. Plaintiffs Terence Miranda and Patricia Miranda, husband and wife, own and reside at property located at 6904 78th Drive NE in Marysville, Snohomish County, Washington. 29. Plaintiffs James Moffat and Gayle Moffat, husband and wife, own and reside at property located at 5915 52nd Avenue NE in Marysville, Snohomish County, Washington. 30. Plaintiffs Byron Muck and Kim Muck, husband and wife, own and reside at property located at 6010 44th Place NE in Marysville, Snohomish County, Washington.

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413 Eighth Street Hoquiam, WA 98550 Tel: 360-533-2710

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31. Plaintiff Lenore Olsen, a single woman, owns and resides at property located at 6720 57th Drive NE in Marysville, Snohomish County, Washington. 32. Plaintiff Paul Olson, a single man, owns and resides at property located at 6924 70th Avenue NE in Marysville, Snohomish County, Washington. 33. Plaintiffs Robert Perigard and Frances Perigard, husband and wife, own and reside at property located at 4307 59th Drive NE in Marysville, Snohomish County, Washington. 34. Plaintiff Elizabeth Petersen, a single woman, Plaintiff Russell R. Petersen, a single man, and Plaintiff Russell L. Petersen, a single man, own and reside at property located at 1526 1st Street in Marysville, Snohomish County, Washington. 35. Plaintiffs Anthony Pontrantolfi and Denise Pontrantolfi, husband and wife, and Plaintiff Zackary Pontrantolfi, a single man, own and reside at property located at 6502 66th Drive NE in Marysville, Snohomish County, Washington. 36. Plaintiffs Kristian Poulsen and Mary Poulsen, husband and wife, own and reside at property located at 6620 Sunnyside Boulevard in Marysville, Snohomish County, Washington. 37. Plaintiffs Phil Reeves and Judy Reeves, husband and wife, own and reside at property located at 7109 78th Drive NE in Marysville, Snohomish County, Washington. 38. Defendant Cedar Grove Composting, Inc., is a Washington corporation with its principal place of business in King County located at 7343 E. Marginal Way South, Seattle, Washington, 98108. Cedar Grove owns and operates the Cedar Grove Facility located at 3620 36th Place Northeast, Everett, Snohomish County, Washington, which is the source of the harm.

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413 Eighth Street Hoquiam, WA 98550 Tel: 360-533-2710

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39. Motions to appoint Guardian Ad Litems for all minor Plaintiffs will be filed within thirty (30) days of the filing of this Complaint. III. JURISDICTION AND VENUE 40. This Court has jurisdiction pursuant to RCW 3.66.020. The damages sought by each individual Plaintiff, are less than $75,000.00, the jurisdictional maximum limit of this court. 41. Venue is proper pursuant to RCW 3.66.040. Plaintiffs reside in Snohomish County. Defendants Cedar Grove Facility, which is the source of the harm and where Cedar Grove maintains an office, is located in Snohomish County. IV. THE FACTS 42. Plaintiffs, as a direct result of Cedar Groves tortious conduct, have been, and continue to be, exposed to noxious odors emanating from the Cedar Grove Facility. 43. The nuisance suffered by Plaintiffs is a temporary nuisance in that it is abatable. 44. The nuisance suffered by Plaintiffs is continuous in that Cedar Groves tortious conduct is recurrent. The noxious odors are being released on a recurrent basis and without a permanent cessation of such releases and, by its conduct, Cedar Grove continues to have new violations of the statutes and common law of the State of Washington. 45. The Cedar Grove Facility is a commercial composting facility which processes, through biological degradation, up to 228,000 tons per year of organic waste including, but not limited to, food waste. 46. The degradation process produces off-gases, including malodorous gases. 47. Malodorous gases, when released by composting operations, mix with the ambient air and can be carried to surrounding areas.

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413 Eighth Street Hoquiam, WA 98550 Tel: 360-533-2710

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48. The manner by which Cedar Grove operates it commercial composting facility accelerates the degradation process which, as a result, accelerates the production of offgases, including malodorous gases. 49. Cedar Grove has had knowledge that malodorous gases, have been, and continue to be, released into the ambient air from the Cedar Grove Facility and has continued to allow the malodorous gases to escape from the Cedar Grove Facility and reach Plaintiffs homes and properties. 50. Cedar Grove has failed to control and contain the volumes of malodorous gas generated during its commercial composting operations. 51. Cedar Grove has failed to implement feasible and readily available off-gas collection and treatment systems, and/or improved operating procedures, and/or reduce its feedstock intake all of which would, if implemented properly, prevent the emission of malodorous gases onto and around Plaintiffs properties. CEDAR GROVES REGULATORY VIOLATIONS 52. Residents from the neighborhoods near the Cedar Grove Facility have continually and frequently complained of the odors emanating from the Cedar Grove Facility and have described the odors as, for example, rancid, repugnant, nauseating, obnoxious, absolutely horrendous and rotten compost stench. 53. In 2011 the Puget Sound Clean Air Agency (PSCAA) performed 584 odor complaint evaluations relating to complaints about odors emanating from the Cedar Grove Facility. PSCAA inspectors evaluations confirmed that obnoxious odors emanating from the Cedar Grove Facility were detectable at the homes of complainants. For example, on

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413 Eighth Street Hoquiam, WA 98550 Tel: 360-533-2710

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1 2 3 4 5 6 7 8 9 10 11 56. 12 55. 54.

June 20, 2011, a PSCAA inspector found that the odor detected near the complainants property was identical to the odor detected at the Cedar Grove Facility. In 2012 the PSCAA performed over 600 odor complaint evaluations relating to complaints about odors emanating from the Cedar Grove Facility. PSCAA inspectors evaluations included, on July 6, 2012, for example, that the PSCAA inspector noted a strong odor of commercial compost, which he further described as a putrid odor, coming from the Cedar Grove Facility. PSCAA Regulation I, 9.11(a), provides that: It shall be unlawful for any person to cause or allow the emission of any air contaminant in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interferes with enjoyment of life and property. In just 2011 and 2012 the PSCAA has issued at least (7) seven Written Warnings to Cedar Grove for violation of PSCAA Regulation I, 9.11(a).

13 57. 14 failure to control odors from the Cedar Grove Facility citing violations of PSCAA 15 Regulation I, 9.11(a). 16 58. 17 addressed Cedar Groves commercial composting operations in Everett and Maple 18 Valley. The Pollution Control Hearings Board noted, in part, that: [T]here have been a 19 large number of odor complaints associated with Cedar Groves composting facilities. 20 The odors emanating from the facilities have interfered with the reasonable enjoyment of 21 life and property of a large number of surrounding residents. Cedar Grove Composting, 22 Inc. v. Puget Sound Clean Air Agency, Findings of Fact, Conclusions of Law, and Order, 23 24
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413 Eighth Street Hoquiam, WA 98550 Tel: 360-533-2710

The PSCAA has issued at least three (3) Notices of Violation to Cedar Grove for

On July 14, 2012, The State of Washington Pollution Control Hearings Board

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1 2 3 4 5 6 7 8 60. 9 59.

PHB NOS. 10-044, 10,045, 10-120, 10-130, 10-131, 10-132, 10-147, 10-148, 10-149, 10150 & 10-154, p65, (July 14, 2012). Cedar Grove has violated WAC 173-350-220(4)(a), which provides, in part, that The owner or operator of a composting facility shall operate the facility to control dust, nuisance odors, and other contaminants to prevent migration of air contamination beyond property boundaries. V. CAUSES OF ACTION CAUSE ONE (PUBLIC NUISANCE) Plaintiffs adopt the allegations of paragraphs 1 through 59 as though fully set forth herein.

10 61. 11 12 13 14 15 16 17 18 19 20 21 22 23 24
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413 Eighth Street Hoquiam, WA 98550 Tel: 360-533-2710

RCWA 7.48.010 defines an actionable nuisance, in pertinent part, as: whatever is injurious to health or indecent or offensive to the senses, or an obstruction to the free use of property, so as to essentially interfere with the comfortable enjoyment of the life and property, is a nuisance and the subject of an action for damages and other further relief.

62.

Such action may be brought by any person whose property is, or whose patrons or employees are, injuriously affected or whose personal enjoyment is lessened by the nuisance. RCWA 7.48.020.

63.

A public nuisance is one which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal. RCWA 7.48.130.

64.

It is a public nuisance to erect, continue, or use any building, or other place, for the exercise of any trade, employment, or manufacture, which by occasioning obnoxious exhalations, offensive smells, or otherwise is offensive or dangerous to the health of individuals or of the public. RCW 7.48.140(7).

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65.

As a proximate consequence of Cedar Groves tortious conduct, Cedar Grove has maintained a public nuisance.

66.

As a proximate consequence of Cedar Groves tortious conduct, Plaintiffs have incurred and will continue to incur an infringement of their private rights not common to the general public.

67.

A private person may maintain a civil action for public nuisance, if it is specially injurious to himself or herself but not otherwise. RCWA 7.48.210.

68. 69.

Cedar Grove has acted unlawfully and/or omitted to perform a duty. Cedar Groves unlawful act and/or its omission to perform a duty, annoyed, injured, or endangered the comfort, repose, health or safety of each Plaintiff and was specially injurious to each Plaintiff.

70.

Cedar Groves act and/or omission was a proximate cause of the injury to Plaintiffs or damage to Plaintiffs properties, has caused a substantial and unreasonable interference with Plaintiffs interest in the private use and enjoyment of land and was specially injurious to each Plaintiff.

71.

As a proximate consequence of Cedar Groves tortious conduct, Plaintiffs have incurred and will continue to incur damages, including, but not limited to, the following: a) Annoyance, inconvenience and substantial personal discomfort; b) Loss of use and enjoyment of their property; and, c) Plaintiffs have been otherwise injured and damaged. CAUSE TWO (PRIVATE NUISANCE)

72.

In the alternative, Plaintiffs claim private nuisance.

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413 Eighth Street Hoquiam, WA 98550 Tel: 360-533-2710

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73.

Plaintiffs adopt the allegations of paragraphs 1 through 59 as though fully set forth herein.

74.

RCWA 7.48.010 defines an actionable nuisance, in pertinent part, as: whatever is injurious to health or indecent or offensive to the senses, or an obstruction to the free use of property, so as to essentially interfere with the comfortable enjoyment of the life and property, is a nuisance and the subject of an action for damages and other further relief.

75. 7

Such action may be brought by any person whose property is, or whose patrons or employees are, injuriously affected or whose personal enjoyment is lessened by the

8 nuisance. RCWA 7.48.020. 9 76. 10 RCWA 7.48.150. 11 12 13 14 15 16 17 18 19 20 21 22 23 24

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413 Eighth Street Hoquiam, WA 98550 Tel: 360-533-2710

A private nuisance is every nuisance not included in the definition of RCW 7.48.130.

77. 78.

Cedar Grove has acted unlawfully and/or omitted to perform a duty. Cedar Groves unlawful act and/or its omission to perform a duty, annoyed, injured, or endangered the comfort, repose, health or safety of each Plaintiff.

79.

Cedar Groves act and/or omission was a proximate cause of the injury to Plaintiffs or damage to Plaintiffs properties and has caused a substantial and unreasonable interference with each Plaintiffs interest in the private use and enjoyment of land.

80.

As a proximate consequence of the private nuisance created by the Cedar Grove Facility, Plaintiffs have incurred and will continue to incur damages, including, but not limited to, the following: a) Annoyance, inconvenience and substantial personal discomfort; b) Loss of use and enjoyment of their property; and, c) Plaintiffs have been otherwise injured and damaged.

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PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment as follows: 1) An award of annoyance, inconvenience and discomfort damages to each individual

4 Plaintiff, in an amount to be proved at trial; 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

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413 Eighth Street Hoquiam, WA 98550 Tel: 360-533-2710

2) An award of loss of use and enjoyment of their property damages, in an amount to be proved at trial; 3) An award of the costs and disbursements of this action and such other and further relief as to the Court may deem just and proper; and, 4) Each individual Plaintiff seeks damages less than $75,000. VI. JURY DEMAND 81. Plaintiffs demand a trial by jury on all issues triable to a jury by law. DATED: January 23, 2013.

Paul L. Stritmatter, WSBA #4532 Brad J. Moore, WSBA #21802 413 8th Street Hoquiam, WA 98550 Phone: (360) 533-2710 Fax: (360) 532-8032 pauls@stritmatter.com brad@stritmatter.com Todd S. Hageman (Pro Hac Vice to be filed shortly) The Simon Law Firm, P.C. 800 Market Street, Ste. 1700 St. Louis, Missouri 63101 Phone: (314) 241-2929 Fax: (314) 241-2029 thageman@simonlawpc.com

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COMPLAINT - 15

Zakariah Johnson (Pro Hac Vice to be filed shortly) Zakariah Johnson, PLLC PO Box 600017 Jacksonville, Florida 32260 Phone: (904) 553-7193 Fax: (904) 371-3645 zjohnson@zjohnsonlaw.com Anthony Z. Roisman, (Pro Hac Vice to be filed shortly) National Legal Scholars Law Firm, P.C. 241 Poverty Lane - Unit 1 Lebanon, New Hampshire 03766 Phone: (603) 443-4162 Fax: (603) 443-4175 aroisman@nationallegalscholars.com Attorneys for Plaintiffs

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413 Eighth Street Hoquiam, WA 98550 Tel: 360-533-2710