East Palestine man appeals decision to toss landfill complaint
LISBON — A man who recently lost his complaint over the Penn-Ohio Landfill and his motion asking the judge to reconsider her decision is now filing an appeal with the Seventh District Court of Appeals.
Dennis Scott Wallace, state Route 170, East Palestine, filed the appeal Tuesday to challenge the April 15 dismissal of his motion for reconsideration by Columbiana County Common Pleas Court Judge Megan Bickerton.
Wallace filed the original lawsuit while acting as his own attorney last month against the director of the Ohio Environmental Protection Agency in Columbus, the Penn-Ohio Landfill, Negley, and Noble Environmental, Canonsburg, Pa., claiming the landfill and state officials allowed information through alleged fraud and misinformation that caused a historic mound system to be destroyed.
Bickerton ruled the complaint “fails to state a claim upon which relief should be granted,” finding in favor of the motions to dismiss filed by the defendants.
In response, Wallace filed the motion for reconsideration, claiming that Bickerton showed “extreme prejudice” towards him, writing that she granted the motion to dismiss filed by both defendants without allowing him due process of law and ample time to make a response to the motions to dismiss.
He also claimed that she should have given the case to a different judge and should recuse herself and step down from the bench. He wanted the motion for reconsideration granted, for him to be allowed to respond to the motions to dismiss filed by the defendants and for her to remove herself from the bench.
In a one-page, one-sentence entry, she denied the motion for reconsideration.


