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So, if they want to go to court- a filthy rich builder vs. a young, innocent looking family from out of town who wanted the best for their kindergartner, whose realtor did not disclose important details. Jury, make up your mind!

It comes down to if the a landfill being <1 mile away is an important detail. I'm not convinced that it is. Can you show there are any impacts on the property at all? Are there known soil or groundwater impacts from the landfill that are impacting your site? Can you see the landfill from your site (you previously said no)? Can you smell it? That's unlikely unless it is fairly close.

From what you've said so far, the only problem with the landfill is that you don't want to live that close to a landfill (fair enough, as far as that goes). But you haven't done any type of due diligence at all other than finding out the existence of the landfill.

If I was the judge, I would conclude that if you had a problem living <1 mile from landfill, you should have been looking at houses >1 mile from a landfill. That sounds like your problem.
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