A signed order from the judge in the Wilbros civil case says that a trial on the case could take place in late May.
According to the order signed by Judge Robert Adamson, the Court will schedule trial before a jury to start on May 21 or as soon as practical thereafter as a courtroom and the availability of jurors can be secured.
WNEG reported back on February 20 that a trial would be set for later this year after a continuation of a hearing seeking a preliminary injunction against Wilbros was removed from the court’s calendar.
Stephens County, the city of Toccoa, the Stephens County School System, and a group called the Concerned Citizens of Toccoa-Stephens County, LLC had been seeking a preliminary injunction against Wilbros. Those entities have sued the Rose Lane facility over the odor emanating from it.
The hearing on the preliminary injunction started in December and was to resume first in January. However in December, Judge Adamson postponed the hearing and ordered both sides into mediation. That mediation has not yielded a settlement.
Meanwhile, officials said that the EPD consent order agreed to by Wilbros remains a court order subject to enforcement as with any other court order pending a trial on the case.
That EPD consent order requires Wilbros to take a number of steps that the EPD said would reduce and control the odor problem.
Officials with the EPD have not returned multiple calls seeking comment as to Wilbros’ compliance with that consent order.