Court seeks briefs on landfill

Published 3:00 am Friday, September 19, 2014

The Brundidge Landfill entanglement between the Brundidge City Council and the Coffee County Commission will enter a new phase within the next few weeks.

Brundidge City Manager Britt Thomas said dates have been set for the two parties to provide briefs and responses to the court in the ongoing litigation regarding the landfill.

The City of Brundidge has filed suit against Coffee County, contending that Alabama Code prohibits the acquisition of the Brundidge Landfill by Coffee County because the landfill is more than three miles from the Coffee County border.

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The City of Brundidge also contends that the attempt to purchase the landfill violates the host government agreement approved by Brundidge when the landfill was first created.

Thomas said that, even if the landfill were within three miles of the border, the Coffee County Solid Waste Disposal Authority would not be able to acquire the Brundidge Landfill without the expressed approval from both Pike County and the City of Brundidge.

Each party is to submit summary judgment briefs to the court no later than Oct. 3. Each party will then have until Oct. 24 to respond to the briefs submitted.

Final written responses by both parties must be made available to the court by Nov. 7.

Thomas said there are two cases to be argued.

Oral arguments will be made on Nov. 13 at the Enterprise Courthouse for one case and on Nov. 20 at the Enterprise Courthouse for the other case.

“Although the dates have been agreed to by all parties, I have not seen an order from Judge Thomas Head confirming them,” Thomas said.

If all dates are confirmed and proceedings go as planned, Thomas said the decisions will depend on the judge.

“Decisions could come the next day or it could be year a more,” he said. “We’ll have to wait and see.”