Jan 22 - McClatchy-Tribune Regional News - Louis Hansen The Virginian-Pilot, Norfolk, Va.


Lawyers for Dominion Virginia Power on Thursday argued to have two coal- ash lawsuits dismissed, saying a group of residents lacks the legal grounds to sue over waste and potential pollution at Battlefield Golf Club.

After a day long hearing, Chesapeake Circuit Court Judge Randy Smith did not rule. He told the parties he would consider the arguments and research other cases before issuing a decision.

About 460 people who live near the course want more than $1 billion to compensate for what they say are decreased property values, potential health problems and other damages. The suits charge that Dominion and other companies knowingly dumped treated coal ash into a residential neighborhood, polluting wells and risking resident's health.

Dominion lawyers argued that the suits did not meet minimum legal standards to go forward.

 The company did not control the coal ash at the Fentress site, said Richard Cromwell, a lawyer for Dominion. They partnered with other companies, which transported the waste from Dominion's Chesapeake Energy Center. The companies treated the ash, transported it to the 200-acre site off Centerville Turnpike and built the golf course.

Cromwell said it's also unclear whether the coal ash has caused any specific health damage. "The entire case should be dismissed," he said.

Ted Yoakam, lawyer for the residents, said the suit meets legal requirements to continue. "Dominion knows perfectly well the charges against them," he said in court. "They conspired to create a waste dump in the middle of my clients' neighborhood and call it a golf club."

Yoakam said that documents show that Dominion was involved with the treatment of the coal ash and construction of the golf course.

Louis Hansen, (757) 222-5221, louis.hansen@pilotonline.com

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