Lawsuits: Is Stuff responsible for cost of 2018 fire?
Published 9:34 am Wednesday, June 5, 2019
A pair of new lawsuits seek an answer to whether Stuff Recycling is financially responsible for the cost of extinguishing last year’s blaze at its Clark County site.
The City of Winchester filed its suit Monday, seeking $53,816.49 for its expenses in helping fight the fire, which began June 9, 2018, at 6169 Lexington Road.
Meanwhile Stuff Recycling filed its own suit, also on Monday claiming it is not responsible for reimbursing the county for its expenses, as incurred by the county fire department which was the lead agency for last summer’s blaze.
The Clark County Fiscal Court had contracted with a company to negotiate a settlement on the county’s behalf, but the county terminated the contract after receiving a best-offer settlement of $10,000, Clark County Judge-Executive Chris Pace said previously.
Stuff Recycling has been at the center of a number of issues since the 2018 fire, including from neighboring residents, state officials and local zoning boards.
“Stuff caused an unauthorized release of hazardous substances or hazardous wastes which resulted in the city expending public funds in response to the release … and as such is liable to the city for all recoverable costs…,” city attorney Bill Dykeman wrote in the city’s suit.
Stuff’s attorney Mike Eades claims, in the company’s suit, there are no grounds for the county to recover costs from fighting the fire.
“(T)he extent of the fire and the costs to finally extinguish it were causes, in whole or in part, by the failure of the Clark County Fiscal Court to make available adequate equipment and resources, including equipment, water and water pressure, to deal with the fire…”
The blaze started in a pile of debris estimated to be 300 feet long, 120 feet wide and 40 feet tall of cars, lawn mowers, mattresses and anything destined to be recycled, Clark County Fire Chief Ernie Barnes said in 2018.
Firefighters had to shuttle water from two locations for much of the first day of the fire.
In an interview last year, county fire officials said they used 60 buckets of foam while fighting the fire; a typical car fire will use half a bucket.
City fire officials said they spent more than $3,000 in fuel.
In all, about 35 agencies responded to the fire.
The suit filed by Stuff also named planning director Robert Jeffries, the Winchester-Clark County Planning Commission and the Winchester-Clark County Board of Adjustments as defendants for other issues.
Eades said Stuff was required to construct a screen as part of its state permit from the Kentucky Transportation Cabinet. Jeffries, Eades said, said the screen is a fence, which requires a variance from the planning commission and the board of adjustments. Eades said the board previously approved Stuff’s development plan without requiring the screen. Stuff also argues the screen would be within the allowed dimensions and should not need a variance.
It also named the county fiscal court after county officials cited the business for violating the county’s nuisance ordinance.
Stuff also said the county instituted criminal charges against Stuff owner Jerry Joiner for violating the ordinance, which Eades said serves “no legitimate purpose other than political retribution.”
Stuff is asking the court to decide whether the company has to obtain a variance, that the county nuisance ordinance does not apply to the business and the company is not required to compensate the county for the costs of fighting the fire.
Court dates have not been set for either case.