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AG files state's first lead-paint hazard suit

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In the first lawsuit of its kind in Indiana, the state attorney general's office is going after two Evansville landlords who it says have ignored warnings to correct a lead-paint environmental hazard in a rental house.

Joining the Vanderburgh County Health Department, the Indiana Attorney General's Office filed the suit today in State v. Mark R. Bryan and Tammy A. Bryan.

The Bryans own a 1918-built house on Mulberry Street in Evansville that they lease to tenants. During a lead-screening program for children in January 2008, one child of a tenant tested positive for elevated blood-lead levels. The Vanderburgh County Health Department alerted the tenant and also collected samples of paint, soil, and dust that tested positive for lead. Warnings were sent for two months, instructing the Bryans that the lead-based paint in the rental house was a health violation and required remediation measures, but no response or correction was ever made.

Lead paint has been banned for use in residential homes since 1978, and under the federal Residential Lead-Based Paint Hazard Reduction Act of 1992, owners must disclose any lead-paint hazards prior to selling or renting a home. The new suit seeks an injunction ordering the Bryans to immediately fix the issue, either by a licensed contractor removing the paint or by encapsulation of the lead-based paint by repainting it with latex paint.

The suit also seeks reimbursement of the government's costs, attorneys' fees, and any other legal costs.

While other states have pursued lead-paint public nuisance actions, this is the first time a suit has been filed in Indiana and the AG believes it could be used as a template for other Hoosier counties in the future.

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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