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Elyria approves outside counsel for PFAS soil-contamination claims with 25% contingency
Summary
The council authorized a professional services contract with Brian K. Balzer Company, LPA, to represent the city in PFAS-related soil-contamination litigation; the contingency fee was stated at 25%.
Elyria City Council approved a professional services contract Monday to retain Brian K. Balzer Company, LPA, and affiliated counsel to pursue claims related to PFAS soil contamination on city property.
Amanda Deary, Elyria’s Law Director, told council the litigation concerns soil contamination from firefighting foam historically used by the city and not health or injury claims. She said the proposed agreement includes a contingency fee of 25 percent. Attorney Brian Balzer, who attended the meeting, identified himself for the record and was present to answer questions.
Council moved and passed Ordinance 2025-83 authorizing the mayor to enter the professional-services agreement; the motion was made by Councilman Tillett and seconded by Councilwoman Davis. The ordinance passed under suspension of rules. Deary said the proposed agreement was attached to the ordinance for council review and reiterated the contingency amount.
The law director clarified the desired remedy is cleanup of contaminated soils on city-owned properties and said the contract’s scope and contingency are included in the attached agreement. No amendments to the proposed contract were made on the floor.
