Metro files motion to prevent dismissal of landfill lawsuit

Monday, April 13, 2009 at 1:31pm

Metro's legal department has filed a new motion to prevent a landfill from being built in an area that opponents say encroaches on environmentally sensitive land in the Hadley Bend area.

Metro attorney Tom Cross said the new motion is to prevent dismissal of a case against Consolidated Waste Systems, which wants to put a 35-acre construction and demolition landfill near the Old Hickory nature trail, boat dock and beach.

The landfill was previously issued a state permit for the site, over objections of some residents and elected officials.

CWS attorney Jim Murphy will go to Circuit Court on Friday at 9 a.m. to ask Judge Carol McCoy to dismiss the case.

"If Murphy is successful in his motion to dismiss, it will very likely be the death knell of the efforts of the citizenry of Davidson County to fight against this thing," said attorney Courtney Hollins, who is working with Metro on the case.

The case has been complicated from the beginning.

Consolidated president Tom Dean filed for the permit before Metro's Solid

Waste Regional Planning Board late in December of 1999. The board didn't vote on it until the next May and deadlocked 4 to 4. The board's indecision and failure to act within a 90-day time frame gave Dean the role of

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