Judge OKs settlement for toxic neighborhood

By The Associated Press

Thursday, October 18, 2007 9:45 AM EDT

BUFFALO - Residents of a neighborhood built on contaminated soil would share $7.2 million under a settlement approved by a state Supreme Court judge Wednesday.
About 220 current and former residents and their family members have personal injury and property damage claims against the city, which developed the Hickory Woods subdivision in the late 1980s and early 1990s as a model of brownfields renewal.

If approved by the city's financial control board, the settlement would pay an average of $32,000 per claim.

“What we're really talking about - it's not trying to get rich - we're talking about having our needs met,” said Rick Ammerman, president of a homeowners group that has been seeking relief for several years.

Home buyers received $20,000 subsidies to move into the south Buffalo neighborhood of about 60 homes adjacent to a site used for decades by the steel industry.

When the contamination was discovered later, home values plummeted and residents reported a variety of health problems, including asthma, cancer and birth defects.

Although state health officials found that the average levels of chemical contamination were not high enough to pose a health risk, residents were told not to plant root vegetables or construct additions which would break surface soil, Ammerman said.

The warnings “destroyed our expectations for a normal life,” he said.

Mayor Byron Brown included $5 million in this year's budget for Hickory Woods.

“This has been a very long haul for these residents,” he said Wednesday.

Marlene Eggleston said she has long wanted to move from the three-bedroom home she and her husband bought before their three children came along. But banks won't give potential buyers mortgages in the neighborhood, so the family has had to make do in a house that lacks enough space.

That has meant pouring money into refinishing the basement and garage with little expectation of ever recouping the investment.

“Just buy us out and let us out this nightmare,” said Eggleston, who believes the city should buy her house from her at a price set by an independent appraiser.

“Let me get out and go someplace and not have to worry about whether my kids are going to get sick,” she said. “That's the hardest part.”

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