A group of 453 residents of Chesapeake, Va. plan to refile a $1 billion lawsuit against Dominion Virginia Power after a judge said there was no evidence that fly ash used to build a golf course harmed their health and property.

The Associated Press reported the lawsuit alleged that the utility sent 1.5 million tons of fly ash to the Battlefield Golf Club despite a consultant opinion that the ash eventually would pollute drinking water of nearby homes. Chesapeake Circuit Court Judge Randall Smith dismissed the suit, saying insufficient evidence existed of contamination, injury or damage.

The plaintiffs’ attorney said he would refile the case within six months.

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