From the early 1900's until approximately 1958, the City leased more than 100 acres of land in the Ninth Ward for the operation of a municipal landfill and garbage dump. It was known as the Agriculture Street Landfill ("ASL").  The ASL was located on property bordered by Almonaster Blvd. on the West, Higgins Blvd on the North, Louisa Street on the East and the Peoples Avenue Canal and railroad tracks on the South. The landfill was closed in 1958. In 1965, the City re-opened the ASL for the disposal of massive quantities of debris created by Hurricane Betsy. In 1967, the City and HANO entered into an agreement to develop residential properties on the ASL site. Between 1969-1971, Press Park town homes were developed. There was no remediation work done before Press Park was constructed. Some Press Park tenants participated in a "turn key" program, whereby a portion of their monthly rent was placed in an escrow account and applied toward the purchase of their town home unit. HANO did not advise prospective Press Park tenants or home buyers that the site had once been a part of the landfill. Children from around the ASL neighborhood played on the Press Park playground, located behind the Shirley Jefferson Community Center, at the corner of Press and Benefit Streets. Children also played at Bertha Magruer Playground owned by the City (NORD), located at the corner of Feliciana and Industry Streets.

In 1975, the Orleans Parish School Board purchased a tract of land to build an elementary school on the ASL site. In the late 1970's the City performed soil testing in the Gordon Plaza area of the ASL site in anticipation of building the Gordon Plaza single family homes. As a result of the soil testing, the City required the developer of Gordon Plaza to add topsoil before constructing the homes. The City never produced a copy of the test results and had no explanation why the report was never produced.  In 1980, 67 single family homes were built comprising Gordon Plaza. The Gordon Plaza homebuyers were never told that their homes were located on the City's landfill.

In 1984, the OPSB began plans to construct Moton Elementary School on the ASL site. The OPSB knew that the site had been used as a landfill so they hired engineers to conduct environmental evaluations of the property. Environmental testing identified the presence of numerous toxic and hazarous materials including lead, arsenic, and mercury. The consultants told the OPSB to replace 3 ft of contaminated soil with clean topsoil and create a clay barrier. They also told the OPSB never to breach or penetrate the clay barrier. However, when the OPSB built the school they did not create a clay barrier. When Press Park, Gordon Plaza and Moton School were constructed, residents between Feliciana and Louisa Streets were exposed to dust from contaminated soil.

In 1986, EPA tested the soil in the neighborhood but never gave the community the test results. In 1986-1987, Moton School opened for K-6th grades. There were about 900 children enrolled in the school. The OPSB did not tell its employees or parents of the students that the school was built on a landfill. Between 1991 and 1992, there were plumbing problems at Moton which required digging around the school while it was in session. Students and the community were exposed to dust during the repairs.

In 1993, EPA conducted environmental tests and told residents of the ASL site for the first time that their soil was contaminated with 149 toxic and hazardous materials, more than 40 of which are known to cause cancer in humans. EPA told residents to take special precautions to protect themselves from exposure to the soil. The playground equipment in Press Park was removed. In 1994, EPA placed a portion of the ASL neighborhood on the National Priorities List which meant that it was one of the most contaminated places in the United States. In 1994, the EPA declared the ASL site sufficiently contaminated to warrant declaring it a Superfund site eligible for federal clean-up. In 1994, a HANO official recommended that HANO stop moving tenants into Press Park, but it continued to do so.

In 1994, the ASL residents with the help of Attorney Suzette Bagneris formed Concerned Citizens of the Agriculture Street Landfill to qualify for federal grant funding to pay for the services of an environmental Technical Advisor for the community. They lobbied for the closure of Moton on the landfill site and relocation of all ASL residents. In response, Moton was closed on the ASL site. For 6 yrs, Moton students were bussed to Broadmoor. In the mid-1990s, EPA conducted an environmental remediation removing 2 ft or less of contaminated soil adn replacing it with clean soil. However, the soil under houses, buildings, streets and sidewalks remained contaminated. ASL residents and Mayor Marc Morial rejected the clean-up and sought relocation and buyout of the residents. EPA refused to relocate residents. It performed remediation and gave home owners certificates confirming that their property had been partially remediated. Along with the certificate, EPA gave ASL residents a list of permanent restrictions on the use of their property and told them that they were responsible for maintaining the clean layer of top soil and felt material that comprises a warning before contaminated soil.

As a result of the contaminated condition of the soil, the residents were exposed on a daily basis to more than 140 toxic and hazardous materials from 1972 through 2001. When residents learned about the environmental problems at the ASL site in 1993, they began to suffer extreme emotional distress. EPA has told residents that they are at a reduced risk of exposure and that the immediate health risk that existed on the ASL site have been eliminated. Nobody has told residents that the ASL site is safe. 

In 1993, a class action lawsuit was filed on behalf of the community. Judge Nadine Ramsey certified the case to proceed as a class action in 1999. In 2004, the case went to trial and the community won. The class representatives were Phyllis Smith, Don Lewis, Nathan Parker, Viola Allen, Fannie Johnson, Peggy Grandpre, Lizette Gaines, and Diarra McCormick. All of these individuals actively participated in this litigation for 15 years. They did an excellent job serving as the "voice" of the community. They won a judgment that the City, HANO, OPSB and HANO's insurers were liable for the wrongdoing that caused damages to all class members. They also won individual damages awards for loss of property value and emotional distress. The Court held that the ASL site is unreasonably dangerous under Louisiana law. Judge Ramsey said:"The plaintiffs in this case who are overwhelmingly poor minorities were promised the American dream of first time homeownership. The dream turned out to be a nightmare. The plaintiffs who are some of the most underrepresented in our society put their trust in the defendants' promises. Instead, the leaders of this community did nothing as the evidence mounted that the former landfill was hazardous. Beyond creating an unreasonable risk of harm, the Court finds the defendants' conduct shocking." The Court held the City, HANO and HANO's insurers liable for paying damages to class members. The Court held the OPSB strictly liable for paying damages to its employees and Moton Students. The Court found that homeowners have suffered an incurable defect and a loss of property value. The Court awarded money damages to the class representatives for mental and emotional distress, including fear of contracting cancer among other diseases.

The Court awarded home owners in Press Park and Gordon Plaza the full fair market value of their properties, prior to Katrina. The average award for property damages ranged between $50,000.00  - $100,000.00.  The Court awarded home owners of homes on streets adjacent to the landfill money for diminished property value.  The Court awarded money for emotional distress to residents of Gordon Plaza and Press Park based upon how long residents lived on the ASL site: 1-5 yrs - $4000 per year; 5-10 yrs - $25,000 total; 10-15 yrs - $30,000 total; 15-20 yrs - $40,000 total; 20 yrs or more - $50,000 total. The Court awarded money for emotional distress to people who lived or worked one full year before February 1, 1994 in the amount of $2500. The Court awarded emotional distress to students and employees of Moton $2000 for each full year of attendance or full time employment from the 1987-1988 school year to the 1993-1994 school year. Finally, the Court awarded almost 100% judicial interest, so each monetary award was almost doubled.

The defendants appealed the Judgment. The Fourth Circuit Court of Appeal reduced the emotional distress awards by 50%, so residents received half of the emotional distress money that they were awarded by Judge Ramsey. The Louisiana Supreme Court agreed with the Fourth Circuit.

 In 2009, the Court ordered all potential class members to complete Proof of Claim Forms and to submit them to a Claims Administrator before or on December 14, 2009. Over 7,000 envelopes were received by the Claims Administrator, who estimates that at least 14,000 proof of claim forms were submitted to his office.

 In 2010, the Court will determine how the claims will be managed, processed and evaluated to determine the merits of the claims asserted by class members who submitted proof of claim forms alleging entitlement to a money award in this case.