E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
September 19 2016 4:24 PM
KEVIN STOCK
COUNTY CLERK

NO: 16-2-11216-7

 Class Area, and the claims asserted by the Class may be modified and/or more precisely
defined as this action proceeds and discovery develops.

2. By this action, Plaintiffs seek to recover, on behalf of themselves and the
class they represent, damages and injunctive relief. Hazardous odors, gases, fumes, and
contaminants have been and are being released from the Honey Bucket Facility property,
which are interfering with the use and enjoyment of the Plaintiffs' and the Class
Members' properties, have substantially impaired the value of their properties, and have
caused adverse personal impacts such as annoyance, irritation, discomfort and other
similar physical ailments.

3. City of Pacific officials have ordered Defendants to cease operations under
a Stop Work Order and Notice of Violation for violating Defendants? conditional use permit
issued by the City of Pacific and for violating Pacific Municipal Code Section
which provides: ?The emission of obnoxious odors of any kind shall not be

permitted nor the emission of any toxic or corrosive fumes or 

ll. PARTIES:

4. Plaintiff Samanthan Niemi is a resident of Pacific, Washington and resides
within the Class Area.

5. Plaintiff Chris Schneider is a resident of Pacific, Washington and resides
within the Class Area.

6. Plaintiff Stacey Jackson Sr. is a resident of Pacific, Washington and resides
within the Class Area.

7. Plaintiff Ganna Shtogryn is a resident of Pacific, Washington and resides

within the Class Area.

CLASS ACTION COMPLAINT FOR DAMAGES

AND INJUNCTIVE RELIEF - 2 Of 10
[4840-2651-3208]

LAW OFFICES

GORDON THOMAS HONEYWELL LLP
1201 PACIFIC AVENUE, SUITE 2100
POST OFFICE BOX 1157
TACOMA, WASHINGTON 98401-1157
(253) 620-6500 - FACSIMILE (253) 620-6565

 

Defendant Northwest Cascade, Inc. is a Washington corporation. Since
1992, Northwest Cascade, Inc. has also been doing business as FloHawks and Honey
Buckets. At all times relevant, Northwest Cascade has operated a sewage collection and
treatment facility on the Honey Bucket Facility property, and a portable toilet cleaning
operation on the property, both in Pierce County, Washington.

9. Defendant NWC #5 Partnership, LLP is a Washington limited liability
company. At all times relevant, NWC #5 Partnership, LLP has owned the Honey Bucket
Facility property in Pierce County, Washington.

CLASS ACTION ALLEGATIONS

10. Plaintiffs bring this action on behalf of themselves and a class under Civil
Rule (CR) 23, consisting of all persons who, between January 1, 2014, and the present,
resided in and/or owned residential real property located in the area designated on
attached Exhibit in the city of Pacific, Washington.

11. This Class is so numerous thatjoinder of all members is impractical.

12. Plaintiffs are members of the Class and their claims are typical of the
claims of all Class Members.

13. Plaintiffs will fairly and adequately protect all Class Members. Plaintiffs
have interests that are not antagonistic to, or in conflict with, those interests Plaintiff
seeks to represent as Class Representatives. Plaintiffs have retained counsel competent
and experienced in class action and environmental litigation.

14. Questions of law and fact which are common to the Class with respect to
their claims against Defendants predominate over any individual questions. Among such

common questions of law and fact are:

CLASS ACTION COMPLAINT FOR DAMAGES

AND INJUNCTIVE RELIEF - 3 of 10
[4840-2651-3208]

LAW OFFICES

GORDON THOMAS HONEYWELL LLP
1201 PACIFIC AVENUE. SUITE 2100
POST OFFICE BOX 1157
TACOMA, WASHINGTON 98401-1157
(253) 620-6500 - FACSIMILE (253) 620-6565

 

Whether Washington statutes and/or common law were
violated by the acts and omissions of Defendants as alleged in this
complaint;

b. Whether Defendants? conduct as described herein was
negligent in one or more respects;

0. Whether the release of odors, gases, fumes, and
contaminants from the Honey Bucket Facility property constitute nuisance
and/or trespass for which the Defendants are liable;

d. Whether Defendants' conduct constitutes an inverse
condemnation of Plaintiffs' and Class Members? property;

e. Whether Defendant?s conduct has damaged Plaintiffs' and
Class Members? property interests; and

f. Whether Defendants should be enjoined from inflicting
further damage on Plaintiffs.

There is a community of interest among the Class Members in obtaining

appropriate injunctive or other equitable relief and compensatory damages.

16.

A class action is superior to other methods for the fair and efficient

adjudication of the damage claims presented by the complaint and will prevent the undue

financial, administrative, and procedural burdens on the parties and on the Court that

individual litigation would impose. Because the damages suffered by individual members

of the Class may be relatively small compared to the resources of the Defendants, the

expense and burden of individual litigation make it impracticable for the Class Members

to pursue individual litigation against Defendants in order to vindicate their rights.

CLASS ACTION COMPLAINT FOR DAMAGES

AND RELIEF - 4 of 10
[4840-2651?3208]

LAW OFFICES
GORDON THOMAS HONEYWELL LLP
1201 PACIFIC AVENUE, SUITE 2100
POST OFFICE BOX 1157
TACOMA, WASHINGTON 98401-1157
(253) 620-6500 - FACSIMILE (253) 620-6565

 

17. Accordingly, the proposed class fulfills the certification criteria of CR
and certification of the above-defined class is appropriate under one or more
of the provisions of CR 23(b).

IV. FACTUAL ALLEGATIONS

18. Since 2003, Defendant Northwest Cascade, Inc. has operated portions of
the Honey Bucket Facility property pursuant to a conditional use permit for receiving and
processing raw sewage. This conditional use permit required compliance with a number
of conditions, including the condition that the ?project shall comply with all adopted City
of Pacific codes and Development Standards? and the condition that an ?odor control
plan shall be submitted and implemented to eliminate off site odors. Development will
be responsible for odor control throughout the 

19. In 2014, Northwest Cascade, Inc. substantially expanded its operations at
the Honey Bucket Facility property to include a cleaning, preparation, and storage facility
for empty portable toilets under a separate conditional use permit. Activities with regard
to these operations consist of trucks and trailers bringing ?dirty? portable toilets to the
property. Employees move the portable toilets to a wash area where they pressure-wash
the toilets. Vacuum pumper trucks that have removed sewage from the toilets transport
it to the septage receiving and processing facility located within another portion of the
Honey Bucket Facility property. In addition, Northwest Cascade, Inc. uses the Honey
Bucket Facility property to store vacuum pumper trucks and trailers, and uses the trucks
and trailers for daily deliveries.

20. Since 2014, hazardous odors, gases, fumes, and contaminants from the
Honey Bucket Facility property have permeated the Class Area in sufficient quantity,
duration, and intensity as to interfere with Plaintiffs? and Class Members? use and

CLASS ACTION COMPLAINT FOR DAMAGES

AND INJUNCTIVE RELIEF - 5 0f 10
[4840-2651-3208]

LAW OFFICES
GORDON THOMAS HONEYWELL LLP
1201 PACIFIC AVENUE, SUITE 2100
POST OFFICE BOX 1157
TACOMA, WASHINGTON 98401-1157
(253) 620?6500 - FACSIMILE (253) 620?6565

 

enjoyment of their properties. These odors, gases, fumes, and contaminants affect the
Class Members? property values and interests, and cause adverse personal impacts such
as annoyance, irritation, headaches, discomfort, and other physical ailments.

21. In May 2016, 47 individuals, representing 150 household members
residing in the Class Area, signed and submitted a petition to the City of Pacific
requesting that Defendant Northwest Cascade, Inc. immediately stop all operations at the
Honey Bucket Facility property due to the emission of hazardous odors, fumes, gases,
and contaminants released from the Honey Bucket Facility property.

22. On August 12, 2016, the City of Pacific ordered Defendants to cease
operations under a Stop Work Order and Notice of Violation for violating Defendants?
conditional use permit issued by the City of Pacific and for violating Pacific Municipal
Code Section which provides: ?The emission of obnoxious odors of any
kind shall not be permitted nor the emission of any toxic or corrosive fumes or 

23. Defendant Northwest Cascade, Inc. continues to operate the Honey Bucket
Facility property in a manner that continues to adversely impact Plaintiffs and Class
Members.

V. FIRST CAUSE OF ACTION: NUISANCE

24. Defendants, by creating, causing, permitting, and participating in the
release of fumes, odors, gases, and other contaminants and irritants from the Honey
Bucket Facility property into the Class Area have created both a public and private
nuisance, as defined in RCW 7.48.130 and RCW 7.48.120, respectively. Defendants?
conduct has unreasonably interfered with Plaintiffs? and Class Members? lawful use and
enjoyment of their properties, caused adverse effects upon their property values and

CLASS ACTION COMPLAINT FOR DAMAGES

AND INJUNCTIVE RELIEF - 6 Of 10
[4840-2651-3208]

LAW OFFICES
GORDON THOMAS HONEYWELL LLP
1201 PACIFIC AVENUE, SUITE 2100
POST OFFICE Box 1157
TACOMA, WASHINGTON 98401-1157
(253) 620-6500 FACSIMILE (253) 620-6565

 

interests, and caused adverse personal impacts such as annoyance, discomfort, and
other physical ailments.

25. Defendants are jointly and severally liable for all damages proximately
caused to Plaintiffs and the Class by such nuisances, including, but not limited to,
interference with the Plaintiffs? and Class Members? free use and enjoyment of their
properties and adverse personal impacts. The amount of said damages shall be proven
at trial.

VI. SECOND CAUSE OF ACTION: NUISANCE PER SE

26. By operating the Honey Bucket Facility property in violation of applicable
laws and regulations, including Puget Sound Clean Air Agency odor regulations and
Pacific Washington?s Municipal Code Section Defendants? conduct
constitutes a nuisance per se. Defendants? acts or omissions resulting in the violation of
Puget Sound Clean Air Agency regulations and Municipal Code Section 
have caused conditions that unreasonably interfere with Plaintiffs? and Class Members?
use and enjoyment of their properties and cause adverse impacts.

27. Defendants are jointly and severally liable for all damages proximately
caused to Plaintiffs and Class Members by such nuisances, including, but not limited to,
interference with the Plaintiffs? and Class Members? free use and enjoyment of their
properties and adverse personal impacts. The amount of said damages shall be proven
at trial.

VII. THIRD CAUSE OF ACTION: TRESPASS

28. Fumes, gases, odors, and other contaminants from the Honey Bucket

Facility property have physically migrated onto and invaded Plaintiffs? and Class

CLASS ACTION COMPLAINT FOR DAMAGES

AND INJUNCTIVE RELIEF 7 of 10
[4840-2651-3208]

LAW OFFICES

GORDON THOMAS HONEYWELL LLP
1201 PACIFIC AVENUE, SUITE 2100
POST OFFICE BOX 1157
TACOMA, WASHINGTON 98401-1157
(253) 620-6500 - FACSIMILE (253) 620-6565

 

Members? property. The presence of these fumes, gases, odors, and other contaminants
from the Honey Bucket Facility property affect Plaintiffs? and Class Members? use and
exclusive possession of their properties, affects the value of the properties, and causes
adverse personal impacts.

29. Defendants' release of fumes, gases, odors and other contaminants from
the Honey Bucket Facility property onto Plaintiffs? and Class Members? properties has
damaged the Plaintiffs and Class Members.

30. Defendants are jointly and severally liable to Plaintiffs and all Class
Members for all damages proximately caused by their trespass. The amount of said
damages shall be proven at trial.

FOURTH CAUSE OF ACTION: NEGLIGENCE

31. Defendants owe and owed the Plaintiffs and Class Members a duty to
exercise reasonable care in the ownership and operation of the Honey Bucket Facility
property, such that the personal and property rights and interests of Plaintiffs and the
Class Members would not be adversely affected. This duty includes and included the
responsibility to operate and maintain the Honey Bucket Facility property in a safe
condition; to ensure that gases, fumes, odors and other contaminants were not released
from the Honey Bucket Facility property onto Plaintiffs? and Class Members' properties in
an amount that would cause damage, and to warn and protect Plaintiffs and Class
Members from conditions or occurrences at the Honey Bucket Facility property that would

be injurious to the health, welfare, and property interests of Plaintiffs and Class

Members.

CLASS ACTION COMPLAINT FOR DAMAGES

AND INJUNCTIVE RELIEF - 8 0f 10
[4840-2651-3208]

LAW OFFICES
GORDON THOMAS HONEYWELL LLP
1201 PACIFIC AVENUE, SUITE 2100
POST OFFICE BOX 1157
TACOMA, WASHINGTON 98401-1157
(253) 620-6500 - FACSIMILE (253)620-6565

 

32. Defendants have breached their duties to Plaintiffs and Class Members by
allowing, permitting, causing and/or creating odors, fumes, gases and other
contaminants and materials which have migrated to and been deposited upon Plaintiffs?
and Class Members? properties in such amounts and with such regularity as to adversely
affect Plaintiffs? and Class Members? use and enjoyment of their properties, the value of
their properties and cause adverse personal impacts.

33. Defendants are jointly and severally liable to Plaintiffs and the Class for all
damages proximately caused by their negligence. The amount of said damages shall be
proven at trial.

IX. RESERVATION OF RIGHTS

34. Plaintiffs reserve the right to assert additional claims and add additional
parties and/0r sub?classes as may be appropriate following further investigation and
discovery in this action.

REQUEST FOR RELIEF

Plaintiffs and the Class Members request relief as follows:

1. A finding that this action should proceed as a class action under CR 23;

2. An award of actual damages for the injuries suffered by Plaintiffs and each
Class Member in an amount to be proven at trial;

3. An award of compensatory damages for the loss of the Plaintiffs? and Class
Members? rights to fully use and enjoy their properties, for the diminution in value to their
properties, for adverse personal impacts and for any other compensatory damages that

may be shown;

CLASS ACTION COMPLAINT FOR DAMAGES

AND INJUNCTIVE RELIEF - 9 Of 10
[4840-2651-3208]

LAW OFFICES
GORDON THOMAS HONEYWELL LLP
1201 PACIFIC AVENUE, SUITE 2100
POST OFFICE BOX 1157
TACOMA. WASHINGTON 98401-1157
(253) 620-6500 - FACSIMILE (253) 620-6565

 

order that Defendants be enjoined to abate the continuing nuisance
and trespass;

5. A determination that Defendants have inversely condemned Plaintiffs? and
Class Members? properties and that Plaintiffs and Class Members be awarded
compensation for the resulting damage to their properties, as well as attorneys? fees and
expert witness fees as allowed by law;

6. An award to Plaintiffs and Class Members for their costs of suit, and their
attorneys' fees, in an amount to be determined at trial;

7. An award of any other relief that this Court deemsjust and equitable.

Dated this I a day of September, 2016.

GORDON THOMAS HONEYWELL LLP

{94/9

Bradley B. Jones, (Wm. 17191"

Attorneys for Plaintiff

CLASS ACTION COMPLAINT FOR DAMAGES

AND INJUNCTIVE RELIEF- 10 of 10
[4840-2651-3208]

LAW OFFICES

GORDON THOMAS HONEYWELL LLP
1201 PACIFIC AVENUE. SUITE 2100
POST OFFICE BOX 1157
TACOMA, WASHINGTON 98401?1157
(253) 620-6500 - FACSIMILE (253) 620-6565