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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. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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