Stuff attorney: City can’t put lien on property

Published 9:25 am Wednesday, July 10, 2019

A Clark County recycling business claims the City of Winchester can’t place a lien on the property because the business is outside the city limits.

Stuff Recycling has been the subject of much discussion since a fire broke out at its facility on Lexington Road in June 2018 which burned for three days.

Earlier this year, the city filed suit against Stuff to recover its expenses in helping fight the blaze.

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In its answer, attorneys for Stuff argue the city has no jurisdiction because the business exists only in the county and outside the city limits.

“That fire protection, like many other services, provided by the (city) are provided as a public service, paid for with tax revenues,” Stuff’s answer reads. “(The city) may not recover via litigation for costs related to the provision of city services.”

Stuff also filed a motion to have the suit dismissed.

Winchester Fire-EMS was one of nearly three dozen agencies which participated in fighting the blaze. City firefighters assisted at the scene and helped shuttle water and fuel to the scene.

Attorneys for the city said there is an existing ordinance which allows the city to be reimbursed for its expenses, though Stuff’s attorneys say the ordinance only apply to hazardous substance or hazardous waste spills.

The city is seeking nearly $54,000 for its expenses in assisting with the fire.

Stuff also filed a countersuit, claiming the city’s lien on the property is not proper and seeks damages equal to the loss in property value from the lien.

The fire started in a pile of recyclable material estimated to be 300 feet long, 120 feet wide and 40 feet tall which included cars, lawn mowers, mattresses and other items.

About Fred Petke

Fred Petke is a reporter for The Winchester Sun, the Jessamine Journal and the State Journal. His beats include cops, courts, fire, public records, city and county government and other news. To contact Fred, email or call 859-759-0051.

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