TLA/Pond View Attorney Argues Constitutionality of DEM Violation
Brian Wagner, an attorney representing TLA/Pond View, said the move was driven by political motives.
TLA/Pond View representation argued that the legislation behind a DEM violation calling for the suspension of recycling facility's operational license is "unconstitutional" in Providence Superior Court on Monday morning.
Brian Wagner, an attorney representing TLA/Pond View, argued that the amended Refuse Disposal Act is specifically worded to "shut down" the Dexter Road facility, adding that the ability to appeal a decision is not included in the legislature. Moreover, the move was driven by political motives.
"This is not an environmental case at all," he said. "This is a political case."
East Providence officials issued a violation notice to TLA/Pond View on May 27 for alleged zoning ordinance violations. The Dexter Road business appealed the zoning violation to the City’s Zoning Board of Review; members later issued a "letter of non-compliance." DEM then issued the violation notice on grounds that the facility was not complying with municipal ordinances that are upheld by the Refuse Disposal Act.
The R.I. Attorney General's Office has filed a request to represent the City of East Providence and the Rhode Island Department of Environmental Management (DEM) in the proceedings.
Attorney Christian Capizzo, representing the Rhode Island Attorney General's Office, asked Superior Court Judge Sarah Taft-Carter to suspend the operating license immediately.
During the hearing, Judge Taft-Carter said she would like to review the case further before making any decisions. Legal representation for the city, TLA/Pond View and the Attorney General's office will meet again next week.
Members from the East Providence Coalition sat in audience wearing matching red t-shirts.
Veteran
10:07 am on Tuesday, February 7, 2012
Sarah Taft Carter, her last decision broke the bank in providence. Can't wait to see was this one brings.
Govstench
3:35 pm on Tuesday, February 7, 2012
She must be new to the bench.......this could get interesting
Sandra Letizia
6:39 pm on Tuesday, February 7, 2012
It will be very interesting as to what this particular judge decides....we know how the others decided. This issue needs to be resolved once and for all.
Arthur Dolloff
4:03 pm on Saturday, February 11, 2012
Could we get the legislators to draft a law eliminating stupidity and graft in politicians, Just thinking out loud.
Arthur Dolloff
7:11 pm on Saturday, February 11, 2012
I was always taught that an issue should be judged by the laws that existed at the time the actions were executed, not by laws made up later to shift the balance justice to serve a few with the influence to twist the issue. Shame on the morally deficient politicians that think this will go unseen and un-noticed by the media and voters. It is a real hot button issue of the waste of time and taxpayers money at a time we can ill afford such blatant gerrymandering. If the state legislators think this was a good move, I can’t wait for the fallout from this which hunt.