The ongoing zoning issue around Stuff Recycling is heading to court.

On Wednesday, Stuff Recycling filed an appeal of the Winchester-Clark County Board of Adjustments’ recent decision in Clark Circuit Court. In a Jan. 3 meeting, the board expanded upon its Oct. 4, 2018, decision to require that all recycling operations, including the storage of materials and trucks, be behind the existing buildings on the property.

In the appeal, Stuff claims no one appealed the Oct. 4 decision, which merely required that storage of materials, whether in containers or on the ground, constituted expanding the use under the grandfathered zoning of the property.

Because the Oct. 4 decision was not appealed, Stuff’s attorneys claim it became a final action and could not be altered or expanded. The attorneys, Mike and Morgan Eaves, say the board’s vote and decision on Jan. 3 are then unenforceable and void.

The Jan. 3 meeting also addressed an open meeting complaint, filed by residence Tresa Bridges, from the previous meeting. Board attorney William Dykeman said the board incorrectly deliberated in closed session, which was in violation of state law.

They also argue the decision included a one-acre lot which stuff purchased in 2013, which was already zoned B-4 and not subject to grandfathered status. Therefore is could be used to store trucks or materials, they company’s attorneys argued.

The business and the zoning of the property has been an ongoing discussion since there was a fire at the business in June 2018, which burned for three days. The property is zoned B-4 which does not allow for metal recycling, but the business was grandfathered in as a legal non-conforming use in a 2012 decision by the board of adjustments. The business’ operations, though, were not to expand beyond the front of the buildings.

Stuff’s appeal also cited a 2016 notice of violation by the planning director at the time, but there was no evidence of any follow up or a response from Stuff presented to the board.

The appeal listed the board of adjustments and Tresa Bridges, a local resident who filed the complaint with the Board of Adjustments in September. Neither Dykeman nor Bridges replied to emails seeking comment by press time Friday. Winchester Director of Planning and Community Development Robert Jeffries said Friday afternoon he had not been served with the appeal yet.