Landfill developer seeks restraining order against Richfield

By JOE VANDELAARSCHOT - Daily News

June 10, 2015

RICHFIELD - Scenic Pit LLC, the developer of a proposed clean-fill landfill in Richfield, is seeking a restraining order to prevent village officials from interfering with the company’s plans to haul clean fill to a former sand and gravel pit along Scenic Road so residential development can take place.

Legal documents were filed Friday, but Washington County Circuit Court Judge Andrew Gonring refused to grant a temporary restraining order. According to online court documents, the judge was to conduct a telephone scheduling conference to set a date for a formal hearing.

In a sworn affidavit, Scenic Pit LLC managing co-owner Danah Zoulek accused village officials of “acting unreasonable and discriminatory in regards to our site versus other sites in the area.”

“Payne and Dolan restored the Jacklin Pit on Hubertus Road in the village and even received more lots for residential development than our zoning allowed,” Zoulek said.

“The Jacklin pit was zoned M5 before development and they accepted fill. Our village president is a controller for Zenith Tech, a sister company of Payne and Dolan, and recuses himself for all matters involving Payne and Dolan projects.”

Village Administrator Jim Healy said the matter has been turned over to the village’s insurance carrier, who will be handling the case now that it has reached the court stage.

Healy said the village last week granted Scenic Pit LLC a permit to widen a driveway leading into the pit to 24 feet.