OUC Class Action Complaint: April Update

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OUC Power PlantOn March 27, 2019, the plaintiffs in the current case against the Orlando Utilities Commission amended their lawsuit to assert new allegations against OUC and other defendants. Notably, the plaintiffs now allege that the homes developed within the Avalon Park subdivision were constructed using concrete that was made from the toxic coal ash created by the Stanton Energy Center. Specifically, the lawsuit alleges as follows:

“On information and belief, the Defendant Developers have also used construction materials, including concrete, containing radioactive contaminants and other contaminants from the Stanton Power Plant in building homes in the communities.”

The plaintiffs allege that the contamination of the Avalon Park area by the Stanton Energy Center results in cancers in children and young adults at a rate “5 to 10 times higher than the rest of Orange County, Florida and the United States.”  The suit further states:

“The Florida Cancer Registry tracks the cancer incidence ratio by zip code. Zip code 32828 accounted for 13% of the cancer in Orange County, but 32828’s population of 60,000 is only 5% of Orange County’s population of 1,200,000, making 32828’s pediatric cancer rate more than 3 times higher than Orange County’s pediatric cancer rate.  Zip code 32828 accounted for 0.78% of the cancer in the State of Florida, but 32828’s pediatric cancer rate is 3 times higher than Florida’s pediatric cancer rate. The rate of Leukemia in males in 32828 was more than twice as high as the rate of Leukemia in Orange County. The rate of brain and central nervous system cancer in males in 32828 was more than twice as high as the rate of brain and central nervous system cancer in Orange County. The rate of neuroblastoma cancer in males in 32828 was nearly 5 times as high as the rate of neuroblastoma cancer in Orange County.”

Barry Miller Law is following the lawsuit and will update you periodically as events change. Real estate agents should be mindful that disclosure of the lawsuit is necessary to prevent any suit for misrepresentation or failure to disclose. Barry Miller Law has disclosure forms that are available upon request. Please don’t hesitate to contact our offices if you have any questions.

Click here to download the East Orlando Disclosure Forms

Click here to view the original OUC Class Action Complaint Blog Post.

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