Chancellor says Council's disapproval of waste transfer station was appropriate

Wednesday, October 17, 2012 at 5:28pm

A last-ditch effort for an East Nashville waste transfer station proposed by Waste Connections was tossed out of Davidson County Chancery Court last week.

The solid waste company was eyeing an abandoned warehouse and lot at 1000 Apex St. in East Nashville to build a waste transfer station. But the Metro Council voted down the project by an overwhelming 37-1 vote in July.

If the council had supported the plans Waste Connections could have then gone before the Board of Zoning Appeals for final approval.

Instead, following the council’s vote, the company filed a lawsuit and appeal of the Metro Council’s decision, claiming it was “arbitrary and capricious.” Waste Connections argued the council didn’t consider the facts of the case before voting.

But Chancellor Carol McCoy determined that Waste Connections’ “application did not meet three specific requirements of Metro Code.” Therefore, the proposed waste transfer station was rightfully disapproved.

Also, McCoy determined the council had acted legally because they heard reports from two committees that also recommended disapproval of the project.

Waste Connections also filed a separate lawsuit, which claims the council violated the state’s Open Meetings Act by discussing the waste transfer station in private, but not much action has occurred in that case with the last filing coming in August.