Waste Services of the Bluegrass has filed suit against the Scott County Board of Adjustment concerning the expansion of their landfill.
The lawsuit, which was filed Wednesday against the board, states it acted in an “arbitrary and capricious” manner when it ruled on March 14 that the proposed expansion of the Central Kentucky Landfill must be rezoned before it can expand.
Waste Services of the Bluegrass, which owns the landfill, has asked the Kentucky Division of Waste Management for permission to expand the waste disposal area and increase the boundary surrounding the landfill — to be used as a buffer area. The expansion will not be permitted unless the landfill conforms to zoning applications.
The lawsuit states the Board of Adjustment used evidence which was based on speculation and hearsay and not data, expert testimony or personal experience when it made its decision.
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The lawsuit is also filed against Joe Kane, executive director of the Georgetown-Scott County planning commission. Kane sent a letter in January to Waste Services of the Bluegrass stating that the landfill must be rezoned. The lawsuit states that Kane’s letter is void because it rescinded a prior decision made by Earl Smith, a previous planning director, and Waste Services of the Bluegrass could not respond to the letter.
The lawsuit asks to either allow the Board of Adjustment to grant the appeal or to vacate its decision and have the Board of Adjustment reconsider its decision.