Judge hears merits of class-action suit today

 Thursday, September 15, 2005 JEREMIAH STETTLER THE SAGINAW NEWS

The long-awaited court hearing that will decide whether residents along the Tittabawassee River can wage a class-action lawsuit against Dow Chemical Co. over dioxin contamination was to begin today in Saginaw County Circuit Court.

If successful, residents could expand the environmental suit to more than 2,000 properties downstream of Midland-based Dow.

Chief Circuit Judge Leopold P. Borrello is presiding over the case. The hearing likely will continue into Friday.

Unlike the suit filed in March 2003, this one will not call for ongoing medical monitoring to diagnose dioxin-related health problems. The state Supreme Court rejected that portion of the case this summer.

Instead, Borrello will consider residents' claims that dioxin pollution has devalued their properties, essentially rendering their homes "worthless."

Dow officials repeatedly have denied such claims, saying homes along the river have shown no indication of losing value.

The issue foremost on attorneys' minds today is whether the people living and doing business along the river have enough in common to constitute a class. If so, a class-action suit is appropriate. If not, each property owner would have to sue Dow individually. v
 

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