Valley Children's Hospital in Madera, Calif., is facing a lawsuit from neighboring property owners alleging private nuisance and trespassing, GV Wire reported July 25.
The plaintiffs, Martina Hamilton and Noah Shimler, have owned their property in Madera for 15 years. In 2021, Valley Children's began making infrastructure improvements, including construction of a stormwater basin, south of the hospital and adjacent to the homeowners' property. Where there was once an empty field, there is now a 14-foot tall, 366,000-square-foot dust pile, according to the report.
The homeowners filed a lawsuit against the hospital in 2021, alleging wind blows the dust onto their property, making it impossible to keep their home and cars clean or enjoy outdoor spaces.
Valley Children's declined to comment on GV Wire's story and denied the homeowners' allegations, claiming they are in accordance with the permits granted by the county. The hospital filed a civil improvement plan with the county before starting construction, including dust control notes, and also filed a dust control plan with the San Joaquin Valley Air Pollution Control District. The air district says the site is in compliance and was last inspected July 13.
The lawsuit holds that no mitigation measures have been implemented, and the trial is set for Oct. 23.