Supreme Court won’t hear landfill appeal

Published 3:00 am Saturday, September 17, 2016

The Alabama Supreme Court won’t hear the City of Brundidge’s appeal in the ongoing legal battle over the public landfill.

The city has been embroiled in legal battles for nearly four years in its efforts to prevent Brundidge Acquisitions and the Coffee County Commission from operating a Subtitle D landfill within the city limits of Brundidge.

City officials were notified Friday that the Supreme Court of Alabama has denied the city’s petition for writ of certiorari. Brundidge City Manager Britt Thomas city officials will meet with the city’s attorneys next week to discuss the judgment and what avenue, if any, the city might still have available.

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The struggle for control of the Brundidge Landfill began on October 17, 2012, when the Coffee County Commission passed a resolution authorizing a $6 million expenditure to acquire the landfill located in Brundidge.

The landfill at the time was owned and operated by Transload America and was in bankruptcy proceedings.

In response, the City of Brundidge and the City of Brundidge Solid Waste Disposal Authority filed a complaint for a legal determination and legal remedy with the Circuit Court of Pike County on Oct. 30, 2012.

In an earlier interview with The Messenger, Thomas said provisions of state law forbid a county from acquiring property within the boundaries of a municipality and would, therefore, forbid what the Coffee County Commission planned to do.

Thomas said the city believed that, if the Coffee County Commission acquired control of the landfill, the commission would either close the landfill or severely limit the landfill’s operations in order to steer landfill customers to the landfill in Coffee County that the commission operates. Thomas also said the Brundidge landfill is an essential part of the city’s long-range plans for waste disposal and industrial recruitment.

The landfill has been open intermittently since the court proceedings began in 2012.

The Messenger was unable to reach Coffee County Commissioner Rod Morgan for comment on Friday afternoon.