SUMMARY OF THE WOODBERRY LEAD CONTAMINATION LAWSUIT

In May of 2023, Maryland’s Department of Environment (MDE) filed a lawsuit against Television Tower, Inc., the owner of the “candelabra” television tower located atop TV Hill, and its contractor, Skyline Tower Painting, Inc., alleging the two companies violated numerous environmental laws when they “hydroblasted” the tower’s lead-contaminated paint “throughout the community.” The lawsuit followed complaints from area residents who found red paint chips on their lawns, shrubs, and walkways. According to the MDE lawsuit, “strong winds from the exceptionally high elevation forced leaded paint chips to be disposed of onto a large area containing hundreds of residences.” The MDE lawsuit seeks fines as well as other relief. Lead is a neurotoxin that can cause devastating and permanent brain damage, especially to children.

 

Our firm engaged Jenkins Environmental Services, an environmental consultant, that tested paint chips, soil, grass, and leaves on multiple properties within a 4,000-foot radius of the TV Tower for the presence of lead.  The majority of those examined tested positive for the presence of lead on the property. Further testing in March of 2024 of drums containing paint chips, soil, and debris collected by the tower owner confirms the presence of elevated lead concentrations, some of which are categorized as “hazardous waste.”

 

Shortly after MDE filed its lawsuit, and after Jenkins Environmental Services conducted their initial testing, Murphy, Falcon & Murphy filed a class action lawsuit on behalf of all property owners located within a 4,000-foot radius of the TV Tower against Television Tower, Inc. and Skyline Tower Painting, Inc. The lawsuit seeks compensation for the lead contamination's negative impact on property values, additional damages to punish the defendants, and an Order requiring the defendants to clean up the mess.

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TV TOWER HISTORY

Constructed in 1959 at a cost of $1.25 million, the TV Tower is a 1,319-foot-high television broadcasting tower located on Baltimore City’s “TV Hill.” A total of 2.5 tons of lead-based paint was applied to the TV Tower during its construction. TV Tower contains 500 tons of nickel-chrome alloy steel. TV Tower is topped with a triangle antenna platform 105 feet long on each face and 16 feet tall. A 10-ton, 101-foot antenna mast is supported at each corner of the platform. The TV Tower is guyed by 3 miles of steel wire. A total of 2,250 tons of concrete forms the tower base and cable anchors. A 270-foot extension was built in 1964 to improve signal transmissions.

Lead Causes Health Problems

The outer surface of the TV Tower’s paint coating appears bright red. Lead is a highly toxic metal that causes a range of health problems, especially in young children. When lead is absorbed into the body, it can cause damage to the brain and other vital organs, like the kidneys, nerves, and blood. Lead may also cause behavioral problems, learning disabilities, seizures, and in extreme cases, death.

 

According to the U.S. Department of Housing and Urban Development (“HUD”), deteriorated lead paint outside the home mixes with household dust and soil and becomes tracked inside, presenting a hazard to occupants. HUD further warns that children may become lead-poisoned by playing in lead-contaminated soil, eating paint chips containing lead, and/or putting their hands or other lead-contaminated objects in their mouths. Even small amounts of lead can cause permanent brain damage in children.

 

If you live near the TV Tower and would like to know how this event may affect your property's value, please complete the confidential questionnaire below. Submission of the questionnaire does not establish an attorney-client relationship nor obligates you to do anything further. Once your information has been received and reviewed, you will be contacted for a free no obligation consultation. Or, if you wish to speak with the firm directly, please contact us at (410) 657-8332.