Court: Flint class-action can proceed over lead in water

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Flint residents whose health and homes were harmed by lead-contaminated water scored a legal milestone Wednesday when the Michigan Supreme Court said they could proceed with a lawsuit against public officials for the disastrous decisions that caused the scandal.

"Plaintiffs in this case raise some of the most disturbing allegations of malfeasance by government actors in Michigan's history," Justice Richard Bernstein said.

The Supreme Court, 4-2, said Flint residents could pursue a claim of diminished property values. Residents also can argue that their right to bodily integrity was violated by the use of corrosive water from the Flint River. Flint used water from the Flint River in 2014-15 without treating it to reduce the corrosive effect on old pipes. As a result, lead leached into the system. Use of the river water was supposed to be a temporary measure while a pipeline was built to Lake Huron.

"Defendants have fought plaintiffs every step of the way by attempting to foreclose their lawsuit through procedural grounds. Yet, the people of Flint have endured, and they now ask for an opportunity to be heard," Bernstein said. "The judiciary should be the one governmental institution that hears their grievances and affords them the opportunity to at least proceed with their case.

 

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