LISBON — A complaint filed by an East Palestine man against the Ohio Environmental Protection Agency director in Columbus, the Penn-Ohio Landfill, Negley, and Noble Environmental, Canonsburg, Pa. was dismissed Monday.

Columbiana County Common Pleas Court Judge Megan Bickerton granted the motions to dismiss filed by all the defendants, ruling that the complaint “fails to state a claim upon which relief should be granted.”

Dennis Scott Wallace, state Route 170, filed the lawsuit pro se, meaning he acted as his own attorney.

“Comes now, Dennis Scott Wallace and files this complaint against the Negley, Ohio landfill and state officials for allowing information through fraud and misinformation that caused a historic mound system to be destroyed,” the first line of the complaint said.

The heading on the one-page lawsuit called it a “complaint for fraud, intentional misrepresentation of the facts which caused the landfill to be allowed to destroy an historic ancient mound system, as well as continuing to destroy the same mound.”

He asked the court to find that the actions dealing with the landfill were done under fraud and misrepresentation of the facts.

Wallace also requested that all dumping at the landfill cease and that the “State of Ohio be forced to purchase the landfill which they allowed the landfill to destroy the mound system, and make it into a state park for the citizens of Negley, Ohio.”

The motion to dismiss filed by two assistant attorney generals on behalf of the OEPA noted “plaintiff alleges nofacts to support his fraud allegation. There is absolutely no allegation of any time, place or content (s) of any perceived misrepresentation.”

The motion said the complaint contains only a bare assertion of fraud but does not allege any facts. It contains no factual allegations or legal authority.

The attorneys for Noble

Environmental and the Penn-Ohio Landfill made a similar argument in their motion to dismiss, saying that “Wallace fails to plead any facts supporting a claim for fraud or intentional misrepresentation, let alone particular facts to meet Ohio’s heightened pleading requirement.”

The complaint was filed a month ago, with no hearings held.