An agreement between BFI Waste Systems and Franklin County Fiscal Court is not legal, according to an opinion rendered Friday afternoon by the Kentucky Court of Appeals.
The Court of Appeals affirmed a decision made in 2000 by Franklin Circuit Judge William L. Graham that the agreement between Fiscal Court and BFI to expand a local landfill is unconstitutional.
Graham had said in an earlier summary judgment in favor of Huntington Woods Neighborhood Association that Fiscal Court's plan violates state law because it failed to require competitive bids on the project.
Phillip Shepherd, attorney for the Huntington Woods Neighborhood Association, called the latest decision another win for residents.
"We're very pleased with the court's ruling," Shepherd said. "I think essentially now it should be very clear Fiscal Court has to throw out its host agreement."
BFI has owned and operated a landfill in Franklin county since 1992. The company first entered into a host agreement with Fiscal Court at that time.
For more on this story, see the latest State Journal.