October 24, 2014

Elyria
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56°F
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Ex-residents settle black mold lawsuit

ELYRIA – Former tenants of the now-razed Aqua Marine Resort have settled a lawsuit against the resort`s former owners over black mold at the complex that they said caused respiratory problems in their 2-year-old twins in 2004.

Dennis O`Toole, the attorney representing the parents of the now 5-year-old boy and girl, said he couldn`t discuss the details of the settlement because of a confidentiality agreement that was part of the settlement.

He did say the couple and children will receive a cash payment that must still be approved by county Probate Court.

“They`re pleased with the settlement,” O`Toole said.

Maharishi Ayurvedic University, the spiritual group that once owned the 53-acre complex, which has since been torn down to make way for an apartment and condominium complex, and its attorneys could not be reached for comment on Tuesday.

In the lawsuit filed in November 2004, Mark Eilerman and Shelly McElwayne claimed that the black mold caused the respiratory problems that sent their daughter to the hospital in May 2004, just a few weeks after they moved in. Their son also suffered problems, although not as severe, O`Toole said.

The family hasn`t lived at the complex in years because it was torn down.

“The children seem to have recovered very well from their respiratory infections,” O`Toole said Tuesday.

Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.