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SUPREME COURT DENIES CONECUH WOODS' PETITION
PDF OF JUDGE'S ELECTRONIC FILING
Debate over landfill continues
Published 10:11am Monday, September 26, 2011
By Kerry Whipple Bean
The Atmore Advance
Attorneys for landfill developer Conecuh Woods and the Conecuh County Commission argued Wednesday that a judge should dismiss a lawsuit against the project, in part because plaintiffs have other recourse to oppose the landfill before it would receive final approval.
Last spring, the commission approved an application from Conecuh Woods to build a 5,100-acre landfill near Repton, despite strong public opposition to the project. Repton has filed suit against the project, and cities including Brewton, Atmore and Flomaton and Escambia County have petitioned to join the suit.
“Conecuh Woods is not doing anything to harm the plaintiffs, the Conecuh County Commission is not doing anything to harm the plaintiffs,” Conecuh Woods attorney Al Agricola said. “Even if you believe some harm could be done in the future, there is a statutory appeals process to ADEM.”
But plaintiffs’ attorneys said the approvals process is not integrated and the lawsuit was the only opportunity for Repton to address Conecuh County’s approval of the landfill application.
“So if you don’t attack it here you waive your right?” asked Judge Burt Smithart of Bullock County, who was appointed to the case after local judges recused themselves.
Attorneys also argued over whether the county should have disclosed terms of a host fee agreement before a public hearing on the landfill. The public hearing drew a large crowd, with a majority opposed to the landfill.
Repton attorneys said the statute requires “all pertinent documents” be released to the public, but Conecuh Woods and Conecuh County attorneys said no rules directly relate to a host fee agreement, and it had not been drawn up when the public hearing was held.
Also Wednesday, Smithart heard arguments from attorneys for cities and counties who want to join the lawsuit with Repton.
Ed Hines, representing Brewton, Atmore, Flomaton and Escambia County, said those communities will be affected by the landfill.
“As long as water flows downhill and gravity rules the earth, we have an injury,” Hines said. “Escambia County can bring data to the table about the need for a landfill. The need has dropped almost two-thirds, and we are going to get a dump for the rest of the country.”
Conecuh Woods officials have said the landfill will accept waste from 28 states.
Hines said Escambia County’s landfill — Timberlands — was built because it was a “necessary evil,” but that the Conecuh Woods landfill was simply “evil.”
His remarks drew applause from the crowded courtroom, filled with members of the grassroots group Citizens for a Clean Southwest Alabama, which has opposed the landfill.
Landfill suit in court today
Published 6:00am Wednesday, September 21, 2011
By Kerry Bean
Brewtonstandard.com
A judge will hear arguments today on a motion to dismiss a lawsuit filed by the Town of Repton against a proposed landfill near the small community.
The hearing, to be held in Evergreen at 11 a.m., will be presided over by Judge Burt Smithart of Bullock County, who was appointed after local judges recused themselves.
Repton filed a lawsuit April 20, two days after the Conecuh County Commission voted 3-2 to approve a landfill application from Conecuh Woods LLC.
Conecuh Woods has proposed a 5,100-acre landfill to be located near Repton. The project has been in the works for years, with a grassroots group opposed to the project.
After Repton filed its lawsuit against Conecuh Woods and the Conecuh County Commission, the Escambia County Commission and the cities of Brewton, Atmore and Flomaton filed petitions to join the suit.
Attorney Ed Hines of Brewton will represent all of the local governments.
“We’ve all filed motions to intervene and those will be heard (today) also,” Hines said.
The Repton lawsuit lists five separate counts:
• That the commission’s decision to approve the landfill application is “arbitrary and capricious” because it is inconsistent with the county’s Solid Waste Management Plan.
• That the commission violated the law when it failed to make the host agreement public and open for discussion.
• That the host agreement is not valid because it was not approved by a quorum of the commission.
• That Conecuh County residents were denied due process because they had no say in the application after it was altered.
• That financial incentives hurt the ability of commissioners to be impartial.
Citizens for a Concerned Southwest Alabama — the grassroots group formed to oppose the landfill — has been asking its supporters to attend today’s hearing to show opposition to the project.
DUMP UPDATE
April 18 - Conecuh County Commission, at a special called meeting, voted 3-2 to APPROVE the largest dump in the US to be built in Conecuh County despite OVERWHELMING opposition (14 Municipalities in Alabama & Florida, 5 County Commissions in Alabama & Florida, One NATION - Creek Indians, Coastal Gateway Economic Development Authority, Monroe County Board of Realtors, Escambia County Soil & Water Conservation, Fl all passed resolutions in opposition).
**At the Public Hearing, prior to the vote, the venue only held 425 people but over 800 people showed up with only 6 vocal supporters of the dump. These people attended despite being told that while it was a public meeting they were NOT allowed to park on property! And, the meeting was held on a Thursday at 9am.
April 20 - The Town of Repton and Mayor Terri Carter filed suit against the Conecuh County Commission and Conecuh Woods. Since then Escambia Counties AL & FL, Orange Beach, Brewton, Flomaton, Atmore, Pollard, Century-FL and I think Pensacola-FL have all filed Motions to Intervene and join Repton's suit. Citizens for a Clean Southwest Alabama has filed a seperate suit and is now in Federal Court
April 25 - At a regualr Conecuh County Commission meeting, ALL 5 Commissioners voted YES to send a letter to Alabama Tombigbee Regional Commission asking them to write a favorable Letter of Consistency so that the dump application could move onto ADEM. Therefore, even the 2 no votes on the dump were actually for it!
May 2011 - State Legislation passed a 2 year moratorium on landfill permits of a certain size, tonnage, location etc. Conecuh County Commissioners Dean, Millender & Byrd along with Jimmy Stone (dump investor) and Paul Hamric went to Montgomery that day to lobby against the bill. Then the Commissioners came home and turned in mileage for US to pay. ADEM has said they will not recognize the Governor's moratorium because they deem it illegal.
Atmore, Escambia County (Ala) Join Lawsuit Against Conecuh Landfill
http://www.northescambia.com/?p=57893
Atmore, County join Repton Lawsuit
http://www.atmoreadvance.com/2011/06/15/atmore-county-join-repton-lawsuit/
Escambia County Set to Join Lawsuit Against Conecuh Landfill
http://www.northescambia.com/?p=58139
Pensacola Joins Escambia in Opposition to Mega Conecuh Landfill
http://www.northescambia.com/?p=59019
May 31, 2011 Governor Bentley signed the landfill moratorium bill. Legislators now have 2years to formulate sound measures for control of landfills in Alabama. We must stay aware of the process. We must keep our lawmakers aware of the importance of protecting us, our environment, and future generations..
Lawsuit Filed Over Landfill by Josh Dewberry
Moratorium bill for landfills adds ‘protective layer’
By Kerry Whipple Bean
http://www.atmoreadvance.com/2011/05/09/moratorium-bill-for-landfills-adds-%E2%80%98protective-layer%E2%80%99/
UPDATE: Landfill moratorium bill could affect Conecuh County case
http://www.baldwincountynow.com/articles/2011/05/06/local_news/doc4dc3f5d473e38584250774.txt
Alabama Legislature approves bill to place 2-year moratorium on new landfills
http://www.greenfieldreporter.com/view/story/db03e60c15364092b045580e4c604a41/AL--XGR--Landfill-Moratorium/
Conecuh County Commission chairman lobbying against landfill moratorium bill
http://blog.al.com/live/2011/05/conecuh_county_commission_chai.html
Conecuh County Commissioners Approve Landfill
http://www.wkrg.com/alabama/article/conecuh-county-commissioners-approve-landfill/1206271/Apr-18-2011_12-21-pm/
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