CHILLICOTHE, Ohio (From The Gazette) - A more detailed complaint is what plaintiffs in a $5 million class action lawsuit against P.H. Glatfelter Co. hope will push the case forward after their original suit was dismissed early this year.

The original lawsuit filed last summer on behalf of a class of more than 100 claimed the paper mill releases noxious odors and air particulates onto the plaintiffs' property that cause property damage through trespass, negligence, gross negligence and nuisance.

It also claimed residents could not get the full enjoyment of their properties because of odors and that the company was negligent in maintaining the facility.

Glatfelter stuck by its environmental record when the original suit was filed, pointing to a $31 million investment in a project to convert two coal-fired boilers to natural gas boilers and to upgrade the air pollution control system on its wood-fired boiler. Its attorneys were successful in getting the original lawsuit dismissed due to the lack of specifics in the suit.

Steve Liddle, of the Detroit law firm Liddle & Dublin P.C., feels they've addressed the issues in the suit refiled on behalf of Theresa Ford, Rhonda Leeson and the remainder of the class.

"The issue was did you plead enough detail in the complaint?" he said. "Not that you don't have a case, just that some courts want detail and some courts want what is known as a notice pleading. We've refiled with a significant amount more detail."

The revised complaint includes such details as:

Specific dates of complaints made to the Ohio Environmental Protection Agency regarding such things as odors and particulates that allegedly settled on properties.

The fact that the plaintiff's attorneys have been contacted by more than 130 surrounding residents about noxious odors and air particulates.

Specific equipment that the plaintiffs allege created the particulate issues.

A rundown of past communications between the Ohio EPA and Glatfelter tied to emissions.

The plaintiffs, who are also represented by Taft Stettinius & Hollister LLP out of Dayton, have requested a jury trial.

The case was refiled March 29 and is in its earliest discovery stages.