SAINT CLAIR - A Schulkill County judge has dismissed the borough's sixth attempt to contest the validity of agreements between Blythe Township and the company that wants to develop a landfill there.
Judge Jacqueline L. Russell dismissed the lawsuit June 27 in a four-page opinion and order.
"... As it appears that after the sixth attempt at pleading, plaintiffs are unable to set forth a basis to find the existence of a standing or of a case or controversy existing proper to court determination," Russell wrote in the ruling. "It is further ordered stricken and dismissed."
Last August, Russell wrote 17 pages and ruled that the borough did not show any evidence that it has any legally recognizable interest in the agreements themselves.
Russell wrote that the fifth amended complaint is "... not materially different in any relevant respect than those alleged in the prior pleasing, and, therefore it is not deemed necessary to set forth herein detailed facts and legal analysis which support this ruling as they would be quite similar to those contained within the Aug. 1, 2013 decision."
Blythe Township and FKV LLC are seeking to develop a landfill on 252 acres along Burma Road in the township. The proposed Blythe Recycling and Demolition Site landfill will only accept construction and demolition waste and have a 1,500-ton daily volume limit.
Saint Clair officials have opposed the landfill as a threat to the health and welfare of its citizens. Blythe officials deny any environmental threat and believe it will benefit its residents.
The state Department of Environmental Protection issued a permit July 16, 2012, to allow the township to construct and operate the municipal waste facility. Saint Clair appealed the permit and the state Environmental Hearing Board found in March that the permit was unlawfully issued and it was sent back for further investigation.
DEP spokeswoman Colleen Connolly said several things need to be addressed before the permit is reissued. Connolly said additional information is needed about the rock formation and groundwater at the site. A study also needs to be done on the potential of an underground mine subsidence at the site and meteorological data needs to be collected.
Connolly said DEP is still waiting on the information from BRADS and no timetable has been set.
Blythe and FKV filed a federal lawsuit against the borough. The lower court's dismissal of that lawsuit is currently being appealed.