Wilbros Appealing Nuisance Ordinance to Court of Appeals

November 29, 2012

Attorneys for Wilbros have given notice to Stephens County State Court that they are appealing one of its nuisance ordinance citation cases to the Georgia Court of Appeals.

In a document dated November 14, Wilbros’ attorney Gus McDonald submitted to Stephens County State Court his notice of Wilbros’ intent to appeal to the Georgia Court of Appeals.

The appeal reportedly involves a constitutional challenge to the ordinance.

This notice of intent to appeal the citation comes before another nuisance ordinance violation case could be heard in State Court.

The Rose Lane facility has remained at the center of controversy regarding complaints of excessive odor.

Stephens County has cited Wilbros numerous times for violations of the county’s nuisance ordinance in regards to excessive odor. In April, Wilbros was found guilty in State Court of one of those violations.

Currently, Wilbros appears more than 40 more times on the state court calendar for similar nuisance violations.

Stephens County, the city of Toccoa, Stephens County School System, and Concerned Citizens of Toccoa-Stephens County, LLC have also filed suit against Wilbros and associated defendants over the odor. Wilbros and the other defendants have asked the court to dismiss all of the suit’s claims and denies all of the allegations asserted by the plaintiffs in the suit.

Stephens County Attorney Brian Ranck said Tuesday that a hearing for a preliminary injunction against Wilbros is set at this time for December 11, but added that the date is subject to change if there are scheduling conflicts with Wilbros’ attorneys.

In addition, the Georgia EPD has issued a proposed consent order against Wilbros.

Earlier this month, the EPD held a public hearing on the proposed consent order at Stephens County High School. During that public hearing, numerous speakers said that reducing the odor was not enough; they want it eliminated, with many also expressing a lack of confidence in the EPD to help solve the problem at all.

As of Wednesday afternoon, EPD officials did not have an update on the status of that proposed consent order.

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