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Federal court rules lawsuit against Marathon refinery may proceed

Residents will soon have day in court to address nuisance concerns

A US district court has rejected a motion to dismiss a lawsuit brought against Marathon Petroleum Corporation, clearing the way for a “Private Nuisance, Strict Liability and Negligence” lawsuit to proceed on behalf of residents of Southwest Detroit. Judge Sean Cox agreed with an earlier circuit court ruling that found there was “sufficient factual allegations to survive a motion to dismiss.”

The suit essentially charges Marathon with nuisance claims including, but not limited to, odor issues and a negative impact on residents’ quality of life. The company bought out the homes of many residents in a predominantly white neighborhood, starting in 2011, when it expanded its refinery but but did not make the same offer to a black community that also borders its facility.

Impacted residents have been organized by Michigan United in their fight against the oil giant and are relieved by the news. “Having our lawsuit move forward is very uplifting.” said John Atkins, a lifetime resident in the heavily polluted 48217 zip code. “At least the court is willing to hear our story.”

With the motion to dismiss hurdle now successfully cleared, the next step is a conference with both parties scheduled for February 13, 2018 at 2:30 p.m.

“I’m glad about it,” said Lura Taylor, who lives on the street closest to Marathon. “We are going to push forward and go all the way.  We have God on our side.”