Outreach Begins for $1.2 Million MAT Asphalt Class Action Settlement

Residents of Chicago’s McKinley Park neighborhood have started to receive solicitations to participate in a class action settlement with MAT Asphalt tied to a lawsuit stating the smells from the plant prevented neighbors from enjoying their homes.

Filed by local resident Tanisha Rodriguez on her behalf and others similarly affected, the lawsuit submitted on November 8, 2023, charged that MAT Asphalt afflicted neighbors with “noxious odors, thereby causing material injury to Plaintiffs’ use and enjoyment of their property.”

MAT Asphalt agreed to settle the lawsuit “rather than engage in unproductive litigation,” said MAT Asphalt co-owner Michael Tadin Jr.

Denies Wrongdoing and Liability

A map from the plaintiff's lawyers illustrates the area included in the MAT Asphalt class action settlement.“We reiterate what the settlement states: MAT Asphalt vigorously denies all allegations of wrongdoing or liability,” Tadin said.

The class action settlement, which is being administered by Rodriguez’s lawyers at Detroit-based Liddle Sheets Coulson P.C., is applicable to residents within a half-mile of MAT Asphalt, as shown in a neighborhood map distributed with the settlement information.

The law firm maintains a page on its website that presents settlement information; the legal complaint, notice and settlement agreement; and a claim form to let residents reply to the class action.

Opt In Or Out

According to the terms of the lawsuit settlement, any class members who do not explicitly opt out of it waive their right to sue or pursue other legal action related to the complaint.

The lawsuit included specific examples of noxious odors reported by additional, putative class members, including Jose Alcaraz, John Croker, Cynthia Wisniewski, Alma Ortiz and the National Latino Education Institute, which is sited adjacent to the entrance to MAT Asphalt. Local advocacy group Neighbors for Environmental Justice is also noted in the complaint.

Targeting Tadin

Rodriguez has shared her McKinley Park address with Lino Rodriguez, one of the founding members of Neighbors for Environmental Justice, which has conducted protests targeting multiple Tadin properties, including MAT Asphalt, the Damen Silos along the Chicago Sanitary and Ship Canal and Tadin’s home in the Lincoln Park neighborhood.

Neighbors for Environmental Justice founder Robert Beedle lives next door to the Rodriguez residence. The group does not list its leadership or membership, however, more recently other individuals have represented themselves in the media as leaders of the group.

Toxic Harm Allegations

The settlement asserts that the class council and plaintiff have no knowledge of anyone else who has “threatened or planned to assert a claim for nuisance, trespass, property damage, personal injury, medical harm or negligence.” Since its founding, Neighbors for Environmental Justice has publicly alleged toxic harm from the asphalt plant.

In order to either participate in the class action, or to explicitly opt out, affected local residents must mail in their reply in writing to Liddle Sheets Coulson P.C. as detailed on its website.

January Deadlines

The class action applies to all occupants of residences within one-half mile of MAT Asphalt at any time since July 20, 2018.

The deadline to send in a claim form for the class action is January 22, 2024, and any opt-outs or objections must be sent by January 8, 2024.

$1.2 Million Settlement

A preliminarily approved cash fund of $1.2 million — minus costs and attorney fees — has been agreed upon and approved to pay to affected residents who are members of the class action.

The settlement also requires MAT Asphalt to make $900,000 worth of improvements to the facility by April 30, 2024.

Asphalt Since 2018

“Our investment in the latest environmental control technology, our commitment to transparent public disclosure of data on our state-of-the-art facility’s operations and our operational excellence are well documented,” Tadin said.

“We will continue to focus on delivering more of the cost-effective, industry-leading service that we have provided to the City of Chicago since 2018,” he said.

Ed. Note: Liddle Sheets Coulson P.C. also purchased a Legal Notices classified ad on the McKinley Park News to reach out to lawsuit class members.

Ed. Note: MAT Asphalt is a Sponsor of the McKinley Park News. For information about our editorial and sponsorship operations and policies, see our About Us page and the Letter from the Editor "Building a Trustworthy News Business."