Judge denies request to dismiss lawsuit against Estill County landfill

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ESTILL COUNTY, Ky.  – A judge has denied a request to throw out a lawsuit involving the disposal of radioactive waste in Estill County.

On Thursday morning, Estill Circuit Judge Michael Dean overruled a motion to dismiss.

Back in July, the Estill County judge executive filed a multi-million dollar lawsuit in the case. The lawsuit against four companies and one individual alleges that the county’s solid waste ordinance was violated 47 times between July and November 2015.

After getting a tip in February, the Division of Waste Management discovered radioactive material sealed in 47 dumpster boxes that had been illegally dumped at the Blue Ridge Landfill. Kentucky has an exclusive contract with Illinois to manage radioactive waste from the state. Illinois is the only state that is allowed to dump radioactive waste in Kentucky.

During the hearing on Thursday, attorneys asked that Advanced Tenorm Services, BES LLC and Cory Hoskins all be dropped from the lawsuit. While attorneys accepted the allegations, they argued to the judge that the complaint fails to state a viable cause and evidence. They also say their three defendants are not third party beneficiaries to the contact with the county, so they in turn could not have breached that agreement.

Attorneys for Estill County Fiscal Court, with Judge Executive Wallace Taylor standing by, argued that the entities arranged or shipped illegal waste into the county.

The judge ruled the motion to dismiss is premature and the initial complaint filed is not required to lay out specific evidence. The decision was met with an applause from citizens in the courtroom

Judge Executive Taylor says after the Labor Day holiday, they will begin the discovery phase in case, collecting specific evidence.

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