Mayflower Residents Hope To Keep Spill Suit Alive

Aug 5, 2013

File photo of homes in the neighborhood where oil spilled on April 7, 2013.
Credit Michael Hibblen/ KUAR

Mayflower residents pursuing a class-action lawsuit against Exxon Mobil Corp. and a subsidiary want a federal court to let the lawsuit continue. ExxonMobil filed papers last month asking that the lawsuit be dismissed.

The company and its pipeline subsidiary say some plaintiffs cannot claim their property suffered a diminished value after a March oil spill along the Pegasus pipeline.

In a court filing Monday, plaintiff Ellen Burgess and others claimed it would be premature for the court to dismiss the lawsuit.

They claim that each plaintiff has suffered an injury that is both concrete and either actual or imminent.

They claim damage isn't always physical, and used as an example Jennings Osborne's annual Christmas lights display in Little Rock, which in the 1990s was declared a nuisance to his neighbors.