City of Girard Ohio Continues Fight Against Dump

Here's an article from the Tribune Chronicle published on 9/5/2009:

Girard continues fight against dump
Judge tours site of proposed landfill

By CHRISTOPHER BOBBY Tribune Chronicle
POSTED: September 5, 2009

WARREN - A visiting common pleas judge toured a proposed landfill site Friday following a court hearing in the continuing litigation that pits the city of Girard against the landfill proponents.

Although Total Waste Logistics has plans for the 41 acres off U.S. 422 for the landfill, Girard would prefer that the site be used as an addition to its park system, according to Mayor James Melfi.

Total Waste Logistics has been trying to build a new landfill on property behind the Creekside Golf Dome since 2005. The company is seeking to buy the land from Ohio Central Railroad Co. and a smaller portion owned by the Ohio Leather Co. The company wants to use the land to bring in waste from New Jersey, New York and other East Coast locations, according to Tony Latell, the owner of the Creekside Golf Dome and a critic of the effort.

Girard is trying to claim the land through eminent domain.

Visiting Judge Thomas Patrick Curran will decide later whether to grant a summary judgment and dismiss the case - a request brought by landfill proponents who say the court has no jurisdiction in the case.

''The railroad doesn't use the property. It's important for us to enhance our park system,'' said Melfi, who observed the hearing and the visit to the site, adjacent to Creekside Golf Dome.

''Right now we're locked in this land appropriation case,'' Melfi said. ''But everyone knows that we're in striking distance of Tod Park and the city's cemetery, where Revolutionary War veterans are buried. This land would give us access to the Mahoning River and the proposed bike path.''

Curran is allowing all sides a couple weeks to submit more written arguments before any decision.

In 2005, city officials offered Youngstown Belt Railway Co., which owns the property, the then-full appraised value of $41,500 for the undeveloped land between two railroad tracks. The company would not negotiate with the city.

Melfi said the city has wanted the land for park purposes for about nine years, and the acquisition is not intended just to stop a landfill from opening.

Unless it is settled or dismissed earlier, the case is scheduled for a jury trial in October.

cbobby@tribtoday.com