Cortland Township Electors voted to move forward with a lawsuit to prevent Waste Management’s landfill expansion as soon as the Electors raise $60,000 to pay the legal fees. All other items on the agenda was tabled until the Annual Meeting of the Cortland Township Electors scheduled for April 16, 2013.
Cortland Township Electors meeting January 31, 2013.
The Town of Cortland has an agreement with Waste Management that pays $1 million plus other considerations in return for not objecting or helping anyone who might object to the landfill expansion. The expansion must be approved before Cortland receives any of the money.
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As far as environmental issues, the landfill is there and will be there forever, the original cell is not up to todays standards which could potentially cause problems. Waste Management had in the past agreed to open that cell and bring it up to current standards. Until they touch that cell they are not responsible for anything that happens with it. Guess I’m not up to speed on all this!
Seems to me the Electors (citizens) want the landfill closed and moved to another County. Everybody wants their trash picked up but no one wants trash from another County deposited in their County. There is a term for this it is NIMBY (not in my back yard).
Jim, we see things differently. You’ve got it wrong on NIMBY. The NIMBYs are those living in the other 16 counties that don’t want their garbage buried behind their own backyard so it’s trucked and buried in someone else’s backyard. Many of the Electors including some living on land to become adjacent to the expanded landfill are not opposed to expanding it to accommodate our own garbage. Some are not opposed to providing regional disposal services if methodology includes waste-to-energy and recycling. There are even some who might have accepted a regional landfill if they hadn’t of attended the landfill siting application hearing and observed the line-up of paid shills masquerading as expert witnesses. There were too many questions and concerns generated at that hearing and with that landfill and the electors are exercising their right to prevent the expansion.
Does Cortland even want or need to hire a legal expert to bring the lawsuit before a judge? Past articles have mentioned simply asking a judge to interpret the Illinois Township Code for garbage. Is this the only issue being brought before the judge or does Cortland intend to bring up the lack of discussion on environmental problems or other issues?
I was wondering why any township or individual citizen or group of citizens must pay to have an appropriate court review apparent jurisdictional discrepancies of law?
If there is a conflict of laws, it (the conflict) would likely apply to any township and for a multitude of potential parties. Irrespective of this particular landfill, Cortland Township’s case should be brought and heard by the appropriate court for the benefit of all township government and the state.
Why have I not heard anything about this angle? It would seem Cortland Township’s attorney should have discussed this with the Electors…
Does the Illinois Supreme Court have jurisdiction over statutory conflict?
Yes the Illinois Supreme Court has jurisdiction and will likely be asked to hear this case by the township electors or Waste Management. They will file suit and WM will file for dismissal. Briefs must be filed and tons of research will be required in that step.
short answer — Because this is Illinois and you pay to play. We’ve asked for help from legislators and get run around answers. Waste Management paid the legal fees for every player in this struggle but ours. They paid the County’s legal fees. They paid the IPCB’s (pollution control board) legal fees. They paid the Illinois Attorney General’s legal fees during the appeal process.
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“Do you support the use of eminent domain to expropriate and acquire control of the Dekalb County Landfill from the private corporation Waste Management Inc., and establish the landfill a non-profit public utility?
http://en.wikipedia.org/wiki/Eminent_domain