Repton files suit over landfill

Published 10:20 pm Thursday, April 21, 2011

Mayor Terri Carter and the Town of Repton have filed a lawsuit against the Conecuh County Commission and Conecuh Woods LLC seeking to set aside the commission’s approval of Conecuh Woods’ application for a landfill.

The 5,100-acre landfill would be located near Repton. Developers have said the landfill would have about 1,600 acres of disposal cells and accept waste from all states east of the Mississippi River and Louisiana.

The lawsuit, filed late Wednesday afternoon, follows the commission’s Monday approval of the application.

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The lawsuit states that the commission acted “arbitrarily and capriciously,” not only in its approval of the application but in its public notice about the proposal and the ability of the public to comment on it.

“The commission did not have adequate information to properly consider and approve the application for the proposed landfill and acted arbitrarily and capriciously and in violation of applicable law in approving the application,” the lawsuit states. “More specifically, the commission failed to provide adequate public notice and denied the public adequate opportunity to comment on the proposed landfill in violation of the ASWDA and the Conecuh County Solid Waste Management Plan.”

A lawsuit over the landfill had been expected after Monday’s commission vote. Commissioners did not make any comments before or after their 3-2 vote.

Conecuh Woods must now gain approval from the regional planning commission and the Alabama Department of Environmental Management before its project can proceed.