BELLA VISTA, Ark. (KNWA/KFTA) – A lawsuit is now off the table for families who claim they suffered damages from the Trafalgar Road fire, also known as the Bella Vista Stump Dump.

In July of 2018, the stump dump fire started smoldering underground.

One family sued saying this fire caused health issues for people in town.

The lawsuit claims the Bella Vista POA did not hire anyone to fix the problem in a timely manner.

The family’s lawyer Sach Oliver said a judge tossed out the case after the POA filed a motion to dismiss.

“For them to get dismissed is heartbreaking, I think,” Oliver said. “Whenever there is something like the stump dump that has such a huge impact on the community and in this case a negative impact that turns into complex litigation.”

KNWA/FOX24 did reach out to the Bella Vista POA but a spokesperson declined to comment.

Oliver said he plans to appeal the case immediately.