Firm Says Landfill Battle Will Go To Trial
Despite the optimism of Carroll town officials, Jim Daigler believes that the longstanding legal battle over the Jones-Carroll Landfill on Dodge Road is far from over.
Daigler and his firm, Daigler Engineering of Grand Island, have represented Sealand Waste LLC during the proceedings. Sealand has intervened on behalf of Jones-Carroll.
Daigler is adamant that citizens are being misinformed by the town on the issue, taking specific issue with the positions of Carroll Town Attorney Paul Webb on the case.
“To the public or to the press Mr. Webb always claims the town is victorious over Sealand regardless of the decisions,” Daigler said. “As it stands right now, all of Jones’ causes of action will go to trial, along with Sealand’s remaining cause of action that the 2007 law is unreasonable, arbitrary and capricious. Sealand is just an intervenor in Jones case. Therefore, even in the event Webb’s latest motion to dismiss Sealand’s remaining cause of action is granted, the town will still have to defend the law at trial against Jones.”
A primary concern in the case is a 2007 town law that prohibited the construction of any solid waste management facility.
“In a Jan. 27, pre-trial hearing, Sealand dropped the ethics claim, preferring to defeat the law on substance at the trial,” Daigler said. “In part because Sealand decided not to argue the ethics claim, Webb saw an opportunity to delay, generate paper and file another motion to dismiss, asserting that by dropping the ethics argument, Sealand abandoned its third (and final) cause of action.”