Friday, October 29, 1999
Judge: Residents can't join BFI suit
County will protect their interest, he says
BY SHEILA McLAUGHLIN
The Cincinnati Enquirer
LEBANON — A citizen's group and residents should stay out of the county's court battle against a proposed expansion at the closed Bigfoot Run landfill, a judge ruled Thursday.
Judge P. Daniel Fedders denied a request by the Morrow Environmental Preservation Association (MEPA) and member Bill Brausch to join the lawsuit filed by Browning-Ferris Industries of Ohio Inc. (BFI).
He said they don't have a right to be involved, and that the county would protect their interests.
“We presume that the Board of County Commissioners is perfectly capable of defending the constitutionality of its zoning code and, in so doing, to protect the interests of these interveners whatever those interests may be,” Judge Fedders wrote in his decision.
State law does not automatically provide landowners a legal interest in zoning controversies, the decision said. If the court fight results in expansion at Bigfoot, nearby residents and the citizen's group have other remedies. They can sue, Judge Fedders said.
MEPA and Mr. Brausch, who lives in a $300,000 log home on Torvillo Road only 230 yards from the landfill, asked to be included in the lawsuit because they wanted to be sure residents' concerns were heard. They also wanted to be involved in settlement talks.
County commissioners and BFI, which closed the existing landfill in May after it reached capacity, both had opposed the request.
Mr. Brausch expressed disappointment in Judge Fedders' decision.
“I wonder, if the judge were in my place and lived next to this landfill, what kind of decision he would have made?,” Mr. Brausch said.
He said he fears the county will “cut a deal” with BFI, one that might not necessarily protect the environment or nearby residents.
Commissioners could not be reached Thursday, but the lawyer who represents MEPA and Mr. Brausch said the board has promised MEPA a say in any settlement.
Judge Fedders' ruling came a day after MEPA and Morrow Village officials claimed victory when BFI withdrew a rezoning application to build a landfill at the site of the former Alpine Ski Resort.
BFI's lawyer has refused to explain the move.
Tall Stacks prices surprised vendors
I-75 patrols drop as grants dry up
New Web site touts city living
Teen sisters to set up charity on Web
Culture a culprit in rape
Police can't trace tip leading to dead man
Section of new Butler highway to open today
Teacher reprimanded for Santa tune
Anti-tax group revs up efforts against CPS levy
Challengers' ads bash council incumbents
Fire levies would aid growing areas
Patton rebuked for Derby tickets
Spotlight on county valuator race
Elephants get room to roam
Meister classified as sexual predator
Miss America drops in for homeless
Parent Partners guide young moms
Park district loses two barns to fire
Superinterdent's critics heard at meeting
United Way nets record $58.1 million
United Way goal for N.Ky. exceeded
Warren Co. gives 101.1% to United Way
Who's tripping Boone sirens?
Bellevue gets started on riverfront project
Parents and kids learn together at UC's Communiversity
'Skyline' CD yummy concoction
Youngsters can find magic in 'Merlin'
Chance meeting at musuem leads to journey to Japan
GET TO IT
Widespread Panic's not quite the Dead yet
2 hurt as Goodyear blimp crashes outside Akron
Courage fights hate, activist says
Ga. case heartens Tristate lawyers suing gun makers
Judge: Residents can't join BFI suit
Mason tops Deerfield in battle over annexation
No bond again in baby's death
Policeman remembered for professionalism
Report aims to save Butler farm land
TRISTATE DIGEST
Widow files suit over jail suicide
