Sandlin v. City of Richmond
Sandlin v. City of Richmond
Opinion of the Court
This is an appeal from a judgment which dismissed that part of a complaint which sought (1) to permanently enjoin the City of Richmond from operating a sanitary landfill and dumping facility, and (2) to have permits issued by the Kentucky Department of Health for the operation of such facilities declared invalid. We affirm.
Richmond had previously operated an incinerator garbage disposal system but was
The appellants, citizens of Madison County, argue that the trial court erred in not permanently enjoining Richmond from operating this facility because such operation from its inception was a public nuisance and it cannot be operated without violating the rules and regulations of the Kentucky Department of Health. After hearing conflicting evidence, the trial court found,
“ * * * that there was no evidence to show that the operation of the landfill site was being conducted so as to be a nuisance at this time. Three exhibits filed in the record * * *, indicate that the landfill is being closely supervised by the public health officials and, as of March 18, 1971, was meeting all legal requirements of the State Health Department in regard to a sanitary landfill.”
We cannot say that these findings, if erroneous at all, were clearly erroneous. CR 52.01. They will not be disturbed. Ward v. City of Ashland, Ky., 476 S.W.2d 205 (1972).
The next argument is that the permits issued to Richmond are invalid because there was no public hearing held prior to their issuance. KRS 211.700 to 211.730,
KRS 211.713 provided:
“Permit required for construction or operation of solid waste disposal site or facility. — No person shall establish or construct, or operate, maintain or permit the use of a new solid waste disposal site or facility after June 13, 1968, without first having obtained from the department (of health) a permit to establish or construct the site or facility or a permit to maintain and operate the site or facility pursuant to rules and regulations promulgated by the board (of health).”
The judgment is affirmed.
. KRS 211.700-211.730 were repealed by Acts 1972 (1st Ex.Sess.), Ch. 3, Sec. 93, effective January 1,1973.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.