Complaint and Summary


Description of the Loss:

“As a direct and proximate result of Defendant’s deceptive acts or practices, Plaintiffs and Class members suffered injury in fact and economic loss because they paid more for their real property of Whidbey Island than that property would have been worth if the required disclosure had been given, and their properties will sell (or rent) for less than they otherwise would, due to the proper disclosure they are required to furnish to prospective purchasers and renters.”
“All of these measurements (Lilly noise study) exceed the levels permitted in residential areas and classrooms under Washington law. They also exceed the levels at which significant adverse health effects have been reported in the scientific literature, including impaired learning such as reading comprehension and academic performance in children and increased risk of hospitalization or death from cardiovascular disease and stroke in adults.”

Relief being sought:

“Plaintiffs and the Class are therefore entitled to an order enjoining the conduct complained of herein, actual damages, treble damages pursuant to RCW 19.86.090, costs of suit, including a reasonable attorney’s fee, and such further relief as the Court may deem proper.”


Whidbey Noise Complaint (full text of the law suit) filed with Island County