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Chicago Sun-Times
Chicago Sun-Times
National
Brett Chase

MAT Asphalt to pay $1.2 million after McKinley Park neighbor’s lawsuit over odor

MAT Asphalt’s owner agreed to pay $1.2 million to settle a neighbor’s 2020 lawsuit over odor issues. (Sun-Times file)

People who live around a controversial asphalt plant in McKinley Park could be eligible for payouts from a proposed $1.2 million court settlement after a neighbor filed a lawsuit over smells three years ago.

Any claims seeking money have to be done so in writing, mailed and postmarked by Jan. 22. 

Tanisha Rodriguez filed suit in Cook County circuit court in December 2020, saying she and potentially thousands of others living near the plant at 2055 W. Pershing Rd. “suffered from the invasion of noxious odors onto their property,” according to the class-action complaint.

In August, a settlement was reached between Rodriguez and other residents and MAT. Lawyers for Rodriguez did not respond to requests for comment. 

Anyone who lived within a half mile of the 8-acre asphalt site at any time since its first month of operation in July 2018 could be eligible, according to a letter from the law firm representing Rodriguez. 

Residents who would like to opt out of the agreement must send a communication to the Detroit law firm Liddle Sheets Coulson by January 8. For more information, go to www.lsccounsel.com/matasphaltsettlement.

MAT Asphalt, a city contractor, has been a lightning rod of controversy since neighbors learned that it was opening across from McKinley Park. 

Hundreds of complaints over odor and nuisance have been made to the city. At one point, the city even discussed coercing the owner, Michael Tadin Jr., to move the plant.

The settlement also directs MAT to control odors, something that the business was already agreeing to do as part of a city contractor program. 

Those improvements to pollution control total around $900,000, according to the settlement. Most of the plans for controls were largely underway as MAT was awarded as much as $141 million in city contracts earlier this year.

The company also settled city citations for air pollution and dust control in April. The city said all asphalt suppliers have to follow new environmental rules but MAT is required to put controls in place on a quicker timeline.

The court settlement allows MAT to refute the allegations in the lawsuit. 

“MAT Asphalt vigorously denies all allegations of wrongdoing or liability,” Tadin, the co-owner, said in a statement. “Rather than engage in unproductive litigation, we will continue to focus on delivering more of the cost-effective, industry-leading service that we have provided to the city.”

On its website, Liddle Sheets Coulson describes itself as “a class action and complex litigation law firm.”

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