News
East Side recycling firm suing city
- Details
- By Terry R. Bankert
- Monday, November 29, 1999
- Hits: 175
Circuit Court Judge Judith Fullerton ordered the hearing to gain specific information about complaints about air quality, noise and odors allegedly coming from Mid-Michigan Recycling, 1020 S. Averill Ave., which were cited by the planning commission as reasons for refusing to approve the firm's site plans for an expansion of its facility at hearings May 10, 1994 and July 12, 1994
(The Flint Zoning Board of Appeals upheld the commission's decision Sept. 20, 1994.)
Mid-Michigan filed its suit challenging the commission's refusal to approve site plans for its wood storage and chipping operation on an industrial zoned property claiming that the commission exceeded its authority.
According to Mid-Michigan's attorneys, "...the site plan review and approval process is not one in which the planning commission is delegated any discretionary decision making authority."
Fullerton said she ordered the hearing because she found the commission's decision "to be confusing with respect to Mid-Michigan's proposed use because of comments by residents and property owners" at the hearings.
The commission attempted to isolate the reasons residents claim that Mid-Michigan Recycling is the source of disturbance by taking testimony from four people who had testified at a commission hearing last summer.
Other possible sources, according to Mid-Michigan officials, are nearby industrial facilities.
But witnesses said that the odors have been particularly offensive in the past two years since Mid-Michigan Recycling began operating.
Mary Ann MacGillivary, whose car dealership is next to the recycling plant, said that she could not determine scientifically if the dust and odors were from Mid-Michigan Recycling, but that she is concerned about the effects on her business.
"Keeping the cars clean is nearly impossible, and we must keep them clean in order to be able to market them effectively," said MacGillivary.
She said that she is also concerned about the health of her employees who complain about the air quality.
Residents of adjacent neighborhoods complained about the "strong acrid smell," but could not state for certain that Mid-Michigan Recycling is the source.
A non-jury trial is scheduled for July 25.
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