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Judge denies motion to reconsider dismissal of Negley landfill lawsuit

LISBON — A man whose lawsuit over the Penn-Ohio Landfill was dismissed also lost his motion for reconsideration.

In a one-sentence entry, Columbiana County Common Pleas Court Judge Megan Bickerton denied the motion for reconsideration filed Monday by Dennis Scott Wallace.

In the motion for reconsideration, Wallace claimed Bickerton showed “extreme prejudice” toward him, writing that she granted the motion to dismiss filed by both defendants without allowing him due process of law and ample time to make a response to the motions to dismiss.

He also claimed that she should have given the case to a different judge and should recuse herself and step down from the bench. He wrote that he “has no other option but to file an action with the Ohio Supreme Court Disciplinary Counsel for the judge’s removal from the bench.”

He wanted the motion for reconsideration granted, for him to be allowed to respond to the motions to dismiss filed by the defendants and for her to remove herself from the bench.

Wallace filed the lawsuit while acting as his own attorney last month against the Ohio Environmental Protection Agency director in Columbus, the Penn-Ohio Landfill, Negley, and Noble Environmental, Canonsburg, Pa., claiming the landfill and state officials allowed information through alleged fraud and misinformation that caused a historic mound system to be destroyed.

Bickerton ruled the complaint “fails to state a claim upon which relief should be granted,” finding in favor of the motions to dismiss filed by the defendants.

Wallace had also requested that all dumping at the landfill cease and that the “State of Ohio be forced to purchase the landfill which they allowed the landfill to destroy the mound system, and make it into a state park for the citizens of Negley, Ohio.”

Both motions to dismiss claimed Wallace failed to present any facts to support his claim of fraud.

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