Apex, complaining property owners to go into mediation
Published 12:00 am Wednesday, July 31, 2002
Apex Environmental and nearby property owners that filed a complaint with the state will try to mediate their differences. Administrative hearing officer Janet Thompson, after listening to arguments for summary judgment in the case, asked both sides to go into mediation. The arguments primarily centered around whether Apex owner Eddie Hanks followed proper public notice when filing for a permit for the operation that will include a household waste transfer station and will solidify liquid waste. Property owners contend Hanks used an incorrect address on the permit application and notice; he said it was given to him by the previous property owner and confirmed by the post office. The facility is located at South Union at the intersection of Old U.S. 68-Ky. 80 and South Union Road. She could have litigated this as a matter of law but decided to take it to mediation, said Matt Hackathorn, public relations officer for the Cabinet for Natural Resources and Environmental Protection. Hackathorn said mediation conferences are becoming more prevalent in the cabinet. Apex attorney Lanna Kilgore said they are willing to try mediation. If there is a way to reach a resolution satisfactory to both parties, thats a good option, Kilgore said. Because the cabinet also was named in the complaint asking that the permit be revoked, it will likely be somewhat involved in the mediation, she said. The mediation conferences are not open to the public, Hackathorn said. Tuesdays preliminary hearing was packed by a number of the opposition, Kilgore said. The oppositions attorney, Bud Strickler, could not be reached for comment. Kilgore said Hanks plans to continue operations at the facility.