Waste Connections asks court to void Council's vote on East Nashville trash facility

Wednesday, July 18, 2012 at 4:01pm

Several residents applauded at the July 3 Metro Council meeting after members overwhelmingly voted to disapprove a resolution for a Waste Connections trash facility in East Nashville.

But the fight isn’t over.

Waste Connections is now looking to void that Council vote and has filed a lawsuit in Davidson County Chancery Court Tuesday, accusing the Council of conspiring in private to disapprove the proposed waste transfer station on Apex Street. Waste Connections also claims the council didn’t follow correct procedures during the vote.

The lawsuit claims that District 5 Councilman Scott Davis “had privately contacted many Council members expressing his intent to disapprove the Resolution and seeking their agreement to vote with him.” Those discussions violated the Tennessee Open Meetings Act, the suit claims.

Waste Connections also accuses the council of never presenting or discussing information on whether the proposed use is consistent with Metro codes. Instead, they claim the council members, including Davis, only based their decision on constituent support.

Based on those allegations, Waste Connections is asking a chancellor to rule the action taken at the July 3 council meeting void — and to set the East Nashville waste transfer station proposal for a Board of Zoning Appeals hearing.

In addition to the lawsuit, Waste Connections also filed an appeal of Metro’s decision in Chancery Court.

The proposed 100,000-square-foot waste transfer station caused an uproar by residents in nearby Cleveland Park. Davis said the process had “a lot of sweat and a lot of tears and for some constituents, a lot of blood.”

At-large Councilman Jerry Maynard was the lone dissenting vote in the 37-1 decision. He argued that the trash facility would be better use for the land than an abandoned warehouse that attracts crime.

Waste Connections Inc. is based out of The Woodlands, Texas. Nancy Vincent, of Baker Donelson, is representing the company.

1 Comment on this post:

By: BigPapa on 7/18/12 at 2:20

"Councilman Jerry Maynard was the lone dissenting vote in the 37-1 decision. He argued that the trash facility would be better use for the land than an abandoned warehouse that attracts crime."

Way to aim high there Jerry... you're a real forward thinker (sarcasm)...