No Lead Paint Payday for Toledo

(Toledo, Ohio) Another public nuisance lawsuit has been denied.

The plans of Toledo officials to recoup some of the cost of lead-paint abatement and cleanup were stymied when a Lucas County Common Pleas Court judge dismissed their lawsuit against manufacturers of the paint.

Judge Ruth Ann Franks this week dismissed a lawsuit filed by the city in September, 2006, against companies that once made, or helped make, lead-based paint.

Eight defendants were named in the lawsuit, including Sherwin-Williams Co., based in Cleveland.

In her opinion, which was released Wednesday, Judge Franks agreed with the companies' contention that the city's claim of public nuisance "is actually a claim under Ohio's Product Liability Act."

Based on that decision, Judge Franks said that the claims are barred by the statutes of limitations.

There's no word on whether the city will appeal.