UPDATE, June 6: Catching up after a day off on Friday: Here's the temporary restraining order (link here).
Guilford County Superior Court Judge Patrice Hinnant enjoins the city of Greensboro "from entering into any contract or taking any further steps that would result in the selection of a site for a new sanitary landfill that receives residential soil waste under North Carolina General Statute 160A-325 within one mile of Phases II or III of the White Street Landfill, in particular relating to contracting directly or indirectly with Gate City Waste Services or Waste Industries or any other service provider..." to close Phase II or III, "pay or accept payment on its behalf" related to constructing Phases IV and V of the White Street Landfill, "or any other action related to any phase of the White Street Landfill beyond current operations until it has complied with its statutory obligations under North Carolina General Statute 160A-325 (link here).
NCGS § 160A-325 requires that alternative site sites be considered, socio-economic data be reviewed and a public hearing be held before a new landfill can be selected or approved that is within a mile of an existing site.
A hearing on an injunction is set for next Tuesday at 10 a.m.
ORIGINAL POST: Guilford County Superior Court Judge Patrice Hinnant has granted a temporary restraining order to prevent the city of Greensboro from executing a contract with a private company to reopen the White Street Landfill.
Background here and here.
3 comments:
Did she say whether her decision was made so that the city could have more time to think through the plan to avoid future lawsuits or did she agree that the city's plan will negatively impact the residents near the landfill and sought to put a stop to the plan for that reason?
Brandon, I need to track down a copy of the actual TRO, which might answer your question. I took the day off yesterday, so I haven't had a chance to do that. During the hearing on Wednesday, the judge emphasized concerns with the contracting process and with avoiding future litigation -- which would tie up court resources. So I think those are her primary concerns.
To obtain a TRO or a preliminary injunction, as the landfill opponents will do between now and June 21, there must be an underlying lawsuit. Alleging harm, as the plaintiffs are doing, is necessary to establish standing. Whether the plaintiffs are harmed or not by the opening of phases VI and V will be determined in court later; it's not necessary to do so to obtain a TRO or a preliminary injunction. In other words, that's not the relevant legal question at this stage.
I see. Thanks.
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