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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. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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