Stuff case gets ruling
Published 12:30 pm Saturday, April 20, 2019
Stuff Recycling will have to move its recyclables and equipment behind the building fronts immediately, a judge ruled Thursday.
Stuff Recycling is appealing a ruling from the Board of Adjustments earlier this year about the business, its zoning and its status as a non-conforming use.
Attorneys for Stuff had filed a motion to stay enforcement of the board’s decision until the appeal is finalized, but Clark Circuit Judge Brandy Oliver Brown determined the company would not suffer an irreparable harm by having to move the equipment and material from in front of the buildings to behind the front of the building. The language stems from BOA documents as far back as 2012.
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The Board of Adjustments issued a notice of violation in February to Stuff about continuing to have equipment and material in front of the buildings and cited a possible daily fine of up to $500 as long as it continued.
“We’re just asking to maintain the status quo,” Stuff attorney Morgan Eaves said. “We don’t want an injunction. We want the status quo preserved until this case can be resolved.”
BOA attorney William Dykeman argued there would be no harm in the company moving its property now.
“Clearly they have more land and they’re using it for their recycling material back 100 feet,” Dykeman said. “They’ve got land behind it. Just move it.”
Brown overruled the motion to stay the enforcement, but scheduled a May 22 hearing on another motion by Stuff to compel the BOA to certify and file its records concerning the matter. Stuff’s attorneys said they have not been able to “procure the majority of the records” from the BOA meetings in October 2018 and January 2019, including a “full record of written remarks by the members of the BOA and the public at said meetings.”
Clark County resident Tresa Bridges, who is also a party in Stuff’s appeal, filed a complaint in September 2018 claiming Stuff had expanded the scope of its business and violated the terms of a 2012 decision by the BOA.
Stuff was also the site of a fire which burned for three days in June 2018. Stuff is also facing a notice of violation from state officials, which are still pending.