MAYVILLE – The Post-Journal is reporting that the dispute over the establishment of a landfill in the town of Carroll may be heading to trial after the Chautauqua County Supreme Court hearing earlier this month.
Judge James Dillon denied Sealand Waste LLC’s summary judgment June 11, deeming a 2007 Waste Disposal law in the town of Carroll unconstitutional for being arbitrary and capricious.
Similarly, Dillon also denied the town’s motion for summary judgment to dismiss the complaint of the law.
However, while the 2007 Waste Disposal law remains in effect, the three causes of action from Sealand waste are still pending and may require a trial to reach a verdict. Those three causes include criticisms of the 2007 law being a substantive due process violation, regulatory taking of property without compensation, and being arbitrary and capricious.
A Sealand waste official believes a verdict from Dillon could have been reached at the hearing on June 11. Instead, the denial from Dillon will likely move the case to trial.
The legal battle dates back over a decade when a new landfill was in the planning stages of development on the Jones-Carroll Landfill property, located on Dodge Road in Carroll.