FREWSBURG – New York State’s Supreme Court in Chautauqua County has ruled that a lawsuit that challenged the Town of Carroll’s waste disposal law should be dismissed.
The court ruled that Sealand Waste LLC, a company trying to operate a landfill in the town, lacked a vested property interest in their claim that the town’s law was arbitrary and based on ethical violations.
In the early 2000s, officials modified the town’s policy on landfills, eliminating the operation, construction or expansion of current sites.
Sealand Waste was trying to re-open and operate a landfill in the town. In part of their legal battle, the company argued that the town’s waste law violated ethical rules that prohibited then town leaders from being part of a committee that aimed to keep landfills out of the area.
Town of Carroll Supervisor Russell Payne says the latest development in the case is a positive in the fight against the landfill.
“The town has stood shoulder to shoulder against Sealand,” said Payne. “There are many facets of a landfill that would impact the community itself, and many environmental issues that would effect the ground water in the area.”
A group known as Carroll Concerned Citizens has been outspoken against dump sites since the law first passed. Most recently, several residents of the town and group spoke out during a 2018 DEC Public Comment session regarding the proposed landfill.