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Judge denies Saint Clair's objection to proposed landfill

Published August 05. 2013 05:05PM

Attempts by Saint Clair Borough to halt development of a demolition landfill adjoining its boundary line with Blythe Township was denied by a ruling from Judge Jacqueline Russell in the Schuylkill County court.

The borough brought the matter to court to prevent Blythe Township from executing a contract with FKV, LLC, to construct the landfill. The township and FKV both filed preliminary objections to the borough's suit and they were upheld by Russell.

Her ruling in dismissing the borough's suit was "because Saint Clair will not be able to prove that Blythe Township wrongfully delegated powers to FKV and that it did not aver that Blythe paid more for the real estate property than its appraised value"

The court further ruled although Saint Clair is contending that it may suffer damages in the future if the parties comply with the contracts, the relief it is seeking is a declaration of the validity of the contracts.

"It could conceivably be argued," Russell stated in her opinion which accompanied her ruling, "that Saint Clair has a standing to contest the legality of the contracts, such a declaration would not necessarily be dependent upon alleged injuries actually having been first inflicted."

The judge is giving the borough 20 days to to file an amended complaint to allow it the opportunity to deal in greater fashion basis it believes may exist to support its claims.

Blythe Township and FKV had agreed on a contract for the development of a demolition landfill to accept construction and demolition waste. The contract calls for a 1,500 ton daily volume limit on 252 acres of land in the area known as Burma Road which adjoins the northern boundary of the borough.

Last July the township and FKV received a permit from Department of Environmental Protection (DEP) for construction of such a facility. The borough has appealed the permit and is awaiting a ruling. It claims the landfill would be a threat to to the health and welfare of its residents.

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