(The following story by Nathan Donato-Weinstein appeared on the Roseville Press-Tribune website on June 5, 2009.)
ROSEVILLE, Calif. — A Roseville couple has dropped their lawsuit against Union Pacific Railroad that alleged the company’s Roseville rail yard devalued their home.
Malia and Michael Benson, who live on Fourth Street a few hundred yards from the facility, agreed to abandon the case late last month, according to federal court documents.
The couple claimed in February 2008 that pollution from the yard led to Malia’s thyroid cancer and also led to the loss of their home’s property value, making it impossible to sell.
In July, the couple dropped the cancer claim, but a judge allowed the case to go forward on property-damage allegations. The revised suit alleged that airborne pollutants blew from the railroad’s property into the Bensons’ neighborhood through negligence.
The couple’s attorney could not be reached for comment.
UP Spokeswoman Zoe Richmond said the move showed “that this claim had no merit.”
“The other side really couldn’t find any experts or evidence to support the case,” she said. “They weren’t able to make that clear connection because it wasn’t there.”
The lawsuit, filed in U.S. District Court for the Eastern District, was the first known environmental civil case against the railroad relating to its Roseville operations.
The Bensons’ attorney, Ed Brenner, did not respond to a request for comment.