Sacramento entrepreneur seeks $9.5M over redevelopment dust claims

A Sacramento entrepreneur says dust from the neighboring Mirasol Village redevelopment contaminated her business and destroyed nearly $1 million in investment value. The lawsuit, pending in Sacramento County Superior Court, could test how far environmental risks from construction can extend to nearby businesses.

Why it matters: - Betty Mitchell’s lawsuit puts a price tag on the business risks tied to redevelopment near contaminated sites. - The case could influence how developers, agencies and contractors handle notice, monitoring and dust controls around neighboring businesses. - Mitchell says small businesses need stronger protections when contaminated soil is disturbed during construction.

What happened: - Mitchell filed an environmental lawsuit in Sacramento County Superior Court over alleged dust contamination from the neighboring Mirasol Village redevelopment project. - Mitchell is seeking more than $9.5 million in damages. - Mitchell says she invested nearly $1 million in her business before the alleged contamination began. - The complaint names McCormack Baron Salazar, Inc., A. Teichert & Son, Inc., Midstate Construction Corporation and Does 1–50. - The case is pending as Betty Lou Mitchell v. McCormack Baron Salazar, Inc., A. Teichert & Son, Inc., Midstate Construction Corporation, and Does 1–50, Case No. 25CV010077. - The defendants deny liability, and no court has ruled on the merits.

The details: - Mitchell alleges contaminated project dust migrated beyond the redevelopment site and entered her business. - Mitchell claims the contamination caused losses tied to inventory, business value, revenue, profits, leasehold rights and future business opportunities. - Mitchell says she spent time and money replacing equipment, reviewing operations and consulting professionals without solving the problem. - Mitchell says she did not use, store or introduce chlordane at her facility. - The lawsuit cites a March 4, 2020 letter from the California Department of Toxic Substances Control identifying organochlorine pesticides, including chlordane, as chemicals of concern and recommending additional investigation at the site. - The redevelopment is described as a public-private initiative involving the Sacramento Housing and Redevelopment Agency and private contractors. - Midstate Construction Corporation has associated Clyde & Co US LLP into its defense. - McCormack Baron Salazar, Inc. is represented by Lewis Brisbois Bisgaard & Smith LLP. - A. Teichert & Son, Inc. is represented by Thompson Hine LLP. - The case website includes court filings and environmental records and additional information about the litigation.

Between the lines: - Mitchell is using the case to press for earlier notification of environmental risks, expanded monitoring and stronger safeguards near major redevelopment projects. - The lawsuit reflects a broader concern that contaminated soil can create airborne exposure pathways through fugitive dust, particulates, vapors and resuspended soil. - Mitchell argues that neighboring businesses can absorb losses even when contamination begins outside their property lines. - The participation of national defense firms suggests the dispute could remain heavily contested and legally complex. - The case also highlights tension between redevelopment and accountability when growth happens near legacy contamination.

What’s next: - Discovery is continuing in Sacramento County Superior Court. - Mitchell says she hopes the case will encourage broader protections for businesses near redevelopment projects. - The court will eventually determine whether the defendants are liable for the alleged contamination and damages. - Mitchell also hopes the case prompts a national discussion about environmental transparency and redevelopment oversight.

The bottom line: - The lawsuit turns one business owner’s alleged dust damage into a wider test of who bears the cost when redevelopment disturbs contaminated land.