According to documents filed in the Fairfield County Courthouse, I - 77 Properties is seeking mediation in its dispute with the Fairfield County Board of Zoning Appeals over the Board’s decision supporting Zoning Official Ron Stowers’ refusal to issue a document stating that the landfill would comply with the County’s zoning ordinance.
“If mediation is not successful, petitioner requests leave to file a supplemental petition...,” the document reads. “Ultimately, respondent requests that the order of the Fairfield County Board of Zoning Appeals be reversed and that the Zoning official be required to issue the Certificate of Zoning Compliance.”
I - 77 Properties alleges that on April 26 of last year its engineering consultant filed a request with Stowers for a Certificate of Zoning Compliance. Stowers, they say, did not respond.
On April 27, 2007 a second written request to Stowers was submitted. On that day, The Herald Independent newspaper published for the first time an ad stating that County Council intended to hold a public hearing on a proposed ordinance that would prohibit the operation of C&D landfills.
Stowers denied the second request under the “pending ordinance doctrine.”
When pre - litigation mediation is requested, attorneys for both parties submit a name of someone to represent their client’s position in the mediation process. It is the judge’s prerogative (in this case Circuit Court Judge Kenny Goode) to sign an order approving the establishment of the mediation process. Parties agree prior to mediation as to whether they will be bound by the decision.
I - 77 Properties previously sought to locate a C&D landfill on Boney Road, which is also located in the County. That effort was unsuccessful.
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