The lawsuit, filed by Ohio attorneys, alleges emissions from the power plant's seven coal fired boilers have resulted in property and health damage. The lawsuit states plaintiff Terry Reese of Empire, has suffered reduced pulmonary function as well as contamination to his property. Plaintiff Connie Tice of Empire is said not to have suffered physical injury but probably will in the future.

Attorneys for the plaintiffs want the court to order an injunction to fund a medical monitoring program, repair any damage to their property, improve the operation of Sammis to eliminate emissions and to refrain from allowing emissions to settle on their property.

This lawsuit is similar to one that led to a consent decree against Ohio Edison in federal district court in Columbus early 2005.

The suit alleges the class it seeks to represent includes in excess of 100,000 Ohio residents who have, or who could, suffer potential damage from pollutants emitted by the Sammis plant's smokestacks. The lawsuit cites a 109-page order from U.S. District Court in 2003 stating the Sammis Plant was operating in violation of the Clean Air Act.

Plaintiffs Reese and Tice allege they live in a "fall-out zone" where particulates from the plant regularly land on their property, including times when the smoke plume from the plant has touched at ground level at their property and where a haze is generally overhead.

The particulates, according to the suit, are heavier on windy days and fall in the form of white flakes that turn black with time as they accumulate on the plaintiffs' property.

The lawsuit alleges negligence, failure to warn, toxic trespass and toxic assault.