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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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