At least the answer was in the Daily Independent as to why the Stink Train and Land Fill issues are a big deal on the Kindred Airwaves. Looks like the Master of McDonalds is one of the dogs in this hunt. From an article in today's Ashland Daily Insufficient: "During a community-organized meeting in February, local businessman Tom Wolf stood up and encouraged the 100 or so there to meet with Wilhoit that night about the lawsuit."
The link and full article are below.
http://dailyindependent.cnhi.newsmemory ... =0f2bd6d64
Landfill lawsuit filed
By LANA BELLAMY
CATLETTSBURG Randy Stapleton has been looking for a way to represent those living in his area.
He may have found that way in a class action lawsuit filed againstBig Run Landfill and other parties.
Stapleton is well known in the community, having run twice for Boyd County commissioner to no avail.
He is representing a portion of his local population in the class actionlawsuit. The complaint, filed with Boyd County Circuit Court on Friday, is being leveed against Big Run Coal and Clay Company Inc., River Cities Disposal LLC and CSX Transportation Inc.
Grayson attorney William H. Wilhoit and Ashland lawyer JohnA. Webb will serve as counsel to Stapleton. Wilhoit has attended community meetings and other gatherings for “fact-finding” purposes since February at the latest.
During a community-organized meeting in February, local businessman Tom Wolf stood up and encouraged the 100 or so there to meet with Wilhoit that night about the lawsuit.
Wilhoit, who has a background in corporate law, said filing a lawsuit would be the most effective
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way to combat landfill nuisances.
“Government can only do so much sometimes against corporations,” Wilhoit said then, referring to legislative efforts the county and local state delegation have tried to utilize in fixing the landfill problems.
In the legal complaint, the plaintiff (Stapleton) is seeking compensatory damages fromthese three companies for himself and the party he is representing.
According to the complaint, the demand specifically calls for a judgment to be entered “against Defendants for such amounts as will fairly and reasonably compensate Plaintiff and the Class for their compensatory damages as may be proven. ...”
The group is also asking the defendants absorb all legal fees regarding this lawsuit.
The argument claims the landfill operations has caused damages to the surrounding residential area’s property values.
According to the complaint, the devaluation is directly attributed to putrid odors resulting from trash decomposition, exacerbated by trains sitting on rails by the transfer station for undue amounts of time and cars stacking up because of “poor scheduling, facility closure or insufficiently trained employees.”
The complaint also claims the landfill’s gas collection system is “inadequate and deficient.”
Different possibilities for the odor problem are listed in thecomplaint, including negligence and gross negligence, temporary nuisance, permanent nuisance or trespassing.
The complaint claims the interest of Stapleton and the locals he represents is in protecting property rights “far exceeds the right of the Defendants to continue conduct which causes Effluvium from entering he Plaintiff’s property.”
Effluvium is the chemical the lawsuit focuses on as the culprit for landfill-related odors.
It is unclear at this time howmany locals Stapleton is representing, but Wilhoit said there are several in the area experiencing issues.
“There are so many residents of Boyd County that have been harmed by the Big Run Landfill that it would be impossible to name them all in one complaint,” Wilhoit said in an email toThe Independent shortly after filing the complaint Friday.
LANA BELLAMY can be reached at email@example.com or (606) 326-2653. Follow @lanabellamy_DI on Twitter.