CARROLL — The legal battle regarding a landfill in the town of Carroll will continue Monday in Chautauqua County Court.

In May, the District Court of Appeals dismissed the town’s motion to appeal the fourth department’s decision to allow Sealand Waste LLC. to intervene in the legal battle. The dismissal now sets up a hearing on Monday where Judge James Dillon will decide whether the town’s 2007 Waste Disposal Law is just and impacts the landfill in question.

“We’re anxiously awaiting that,” said Jim Daigler of Daigler Engineering, the company representing Sealand Waste LLC.

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.

The previous owner of the landfill dropped out of the legal battle years ago and Sealand Waste intended on intervening on their behalf. After an appeals court said Sealand Waste had a right to intervene, the town appealed. The hearing on Monday will decide the fate of the 2007 Waste Disposal Law that was drafted by the town to prohibit the creation of a waste management site.

“We’re hoping 2018 will be the year,” Daigler said.

Daigler said the court judge could rule in favor of the law or against it, but is confident that Dillon would rule against the law.

Daigler hopes the town won’t appeal the ruling again, if the judge goes against the town’s law. If the judge, however, rules in favor of the law he foresees Sealand Waste appealing that potential decision.

“Sealand will likely appeal,” he said. “They have spent tons of money. It’s certainly not time to stop. They’re going to take it right to the end.”

Meanwhile, the New York State Department of Environmental Conservation will review a Final Environmental Impact Study when Daigler Engineering and Sealand submit the paperwork soon.

Town Supervisor Laura Greenwood said the town would likely appeal if the judge rules against the 2007 law. “We would have to consult with our attorney,” she added.

A DEC hearing was held in February to listen to the public’s concerns regarding a landfill. Greenwood said welcomed people with opposing viewpoints to attend town meetings.

Greenwood said the town plans to continue on for the “long haul” in the legal process.

She said she understands that Daigler and Sealand Waste are operating their businesses in their best interests, but that she is doing the same on behalf of the town.

“My No. 1 concern is our taxpayers and that they’re represented,” she said.