Cumberland County attorneys file response to CCLA lawsuit

Published 8:21 am Thursday, November 7, 2024

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Attorneys for Cumberland County are asking a Circuit Court judge to throw out the case brought by the Cumberland County Landfill Alert (CCLA) group, arguing that some of the accusations “have no basis in reality” while other claims “appear to be directed toward entities that are not parties to this lawsuit.” 

In filings done back on Thursday, Oct. 24, county attorneys also argued that the group lacked standing to even bring the lawsuit in the first place. The group, which many people know as Cumberland County Landfill Alert (CCLA), identifies itself in the lawsuit by its legal name of Love Central Virginia Inc. The group states that it is a nonprofit operating in Cumberland County, but beyond that, county attorneys point out nothing is mentioned. 

In order to challenge a zoning decision, the Supreme Court of Virginia set up a two-part test. First, the complainant must own or live in property within or close to the piece in question. Second, they have to show some particular harm to personal or property rights or a burden or obligation beyond that suffered by the general public. In other words, according to the Supreme Court of Virginia, it’s not enough to say that you don’t like or disagree with the decision. You have to be able to show how it impacts you specifically, beyond how just the general public is affected. 

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The argument by Cumberland attorneys is that CCLA didn’t do any of this. 

“The Complaint offers no facts showing that the Plaintiff owns or occupies real property within or in close proximity to the site of the Green Ridge Project,” the Oct. 24 filing says. “Nor does it even attempt to demonstrate any particularized harm.” 

Instead, Cumberland attorneys argue, the lawsuit contains several “broad allegations that the Green Ridge Project could or might cause harm to the general public or the natural environment.” 

In the lawsuit, CCLA argues that because Cumberland is part of the Central 

 

What about the Comprehensive Plan? 

Beyond questioning CCLA’s right to bring the lawsuit, Cumberland attorneys also bring up the argument over the Amended Host Agreement. In August 2018, the Cumberland board of supervisors voted 3-2 to adopt a community host agreement with Green Ridge Recycling and Disposal. Of the members at that time, then-Chairman Kevin Ingle and District Two Supervisor Lloyd Banks voted in opposition to the motion and District One Supervisor William “Bill” Osl, District Four Supervisor David Meinhard and District Five Supervisor Parker Wheeler voted in favor.
The board then voted again, on July 12, 2019, to amend that agreement and insert one key change. In Sect. 3.5(b) in the amended agreement, it says the county has to cooperate with Green Ridge’s efforts to obtain permits, provide data pertaining to the landfill as requested and send them through the regular process for approval or rejection. Basically, if attempts are made to reject the project without allowing the company to go through the regular application process, it violates the agreement the previous Cumberland supervisors willingly signed. And in turn, opens the county up to a lawsuit. 

The CCLA lawsuit argues that the Board of Supervisors didn’t have the authority to enter into a contract that has a clause like the one mentioned above. They say it violates the requirements of the Uniform Statewide Building Code. They also argue that it goes against Cumberland’s own Comprehensive Plan. 

Cumberland attorneys argue there’s one problem with that. CCLA, they say, is using Cumberland’s Comprehensive Plan from 2023, created years after this agreement was already in place. 

 

Project moves through process

So what happens to Green Ridge in the meantime, while this is being fought over in court? It still moves forward. 

In order for the proposed Cumberland landfill to be either rejected or approved, first it has to go through the full conditional use process. Green Ridge Virginia, part of GFL (Green for Life) Environmental, has to apply for a permit with Cumberland, requesting permission to move forward with the landfill. The company has taken the first step in that process, as county staff acknowledged in September that the permit has been filed. It was just not complete as of the last county board meeting. There is also no estimated timeframe for when it would be complete, but when that happens, unless the injunction is granted by the Circuit Court, Green Ridge will go before the planning commission, which will hear the request and hold a public hearing. After that, the planning commission decides if they recommend it or not to supervisors. Then it would go to supervisors, where another public hearing would be held. Afterward, the board could make a decision.