The owners of a local business have filed a lawsuit against the City of Hopkinsville concerning a garbage collection ordinance.
Attorney David Broderick of Bowling Green filed the lawsuit Wednesday in U.S. District Court for the Western District of Kentucky on behalf of his clients, Brian Burkhead and Dwight Scott, the co-owners of B-S-I Waste, located at 2497 Greenville Road.
As stated in the lawsuit, the implementation of the city’s flow control provisions has and will continue to irreparably impair BSI’s right to participate in the interstate market for collection, transportation, and disposal of building material with respect to its Hopkinsville customers.
The lawsuit also states the Flow Control Provisions discriminate against the interstate market for solid waste disposal services by favoring a city-owned, but privately operated disposal facility over other disposal facilities both inside and outside of Kentucky.
The lawsuit also states BSI is forced to pay whatever disposal fees the Authority sees fit to charge at the Hopkinsville CDD Landfill, and will be foreclosed from participating in the robust interstate market for solid waste disposal.
BSI is requesting the following relief: a declaratory judgment that the Flow Control Provisions violate the Commerce Clause of the U.S. Constitution, a permanent injunction forbidding the city from enforcing the Flow Control Provisions, compensatory damages in an amount to be determined at a trial by jury, an award of reasonable attorneys fees, costs and other relief BSI is entitled to receive.
City officials were not available for comment concerning this matter.
This is a developing story and will be updated as the pending litigation moves forward.
Montgomery County officials are seeking qualified applicants to fill a vacant county commission seat.
Officials are encouraging interested applicants to fill in the District 7 County Commission Seat vacancy.
The position will be served out until the next general election in August 2014.
In order to be considered for the appointment, candidates must be at least 18-years old and a resident within the county and be a qualified voter of the district they represent.
Interested candidates may submit a letter of interest, current resume and copy of current voter registration card.
Information must be submitted to the Montgomery County Human Resources Department, located at 1 Millennium Plaza, Suite 111, no later than Friday, December 28th for duplication and distribution to the County Commission.
(Ryan Dunn) (Ayla Perigo)
Clarksville Police say a second arrest has been made in connection with the McGregor Park robbery that took place earlier this month.
19-year old Ayla Perigo of Harris Hollow Road, Charlotte, Tennessee was booked into the Montgomery County Jail and is now charged with one count of False Report.
Police say Perigo was taken into custody after she was questioned about the robbery and told officers that another person, other than her boyfriend had been involved in the incident.
After further questioning, Perigo admitted to police she gave a false statement to hinder the prosecution of her boyfriend, 23-year old Ryan Anthony Dunn of Harris Hollow Road, Charlotte, Tennessee, who was taken into custody on Tuesday and is now charged with robbery and remains lodged in the Montgomery County Jail.
Police say Dunn was arrested after responding to a robbery of an individual that took place at McGregor Park on Tuesday, December 4th after a 21-year old man told officers that he had arranged a meeting at the park to meet a woman, named Sonya Howard, that he had been corresponding with on Facebook.
The victim also told police that the woman didn’t show up, but that Ayla Perigo met up with him to tell him she needed to meet him to ensure he was okay for Sonya.
As the victim and Perigo were walking on the sidewalk, they were approached by a man, now identified as Ryan Dunn, who asked for a smoke and when he refused to give him a cigarette and started to walk away, he was struck in the back of the head by Dunn and lost consciousness and fell to the ground.
The victim also stated that when he regained consciousness he saw Dunn and Perigo running away and discovered that he was missing a pocket knife, lighter, and some flint.
Police say the man had visible signs of injury and was taken to Gateway Medical Center where he was found to have a broken foot, swollen jaw, and head injury.
Education is a never ending gift and two City of Hopkinsville employees recently underwent training to remain up-to-date with policies and procedures affecting the city.
Hopkinsville Mayor Dan Kemp recently recognized the employees for their efforts in becoming certified planners by the American Planning Association, which is a professional institute that recognizes leadership nation-wide in the certification of professional planners, ethics and professional development.
Mayor Kemp also spoke about the criteria that is needed in order for a city employee to be classified as a certified planner.
A man is in critical condition at Vanderbilt University Medical Center after being involved in a single-vehicle wreck last night on Crossland Avenue in Clarksville.
Clarksville Police say around 8:22 p.m. a 20-year old man was driving a 1988 Chevy S-10 and was traveling west on Crossland Avenue when his vehicle went off the right side of the roadway onto the sidewalk, hit a utility pole and came to rest at the intersection of Crossland and Gracey Avenues.
As a result of the wreck, the man was partially ejected out of the driver’s side window.
Police say it took emergency responders about 25 minutes to extricate the man from the truck.
He was taken by Lifeflight to Vanderbilt in critical condition with internal, head and leg injuries with the man the only occupant in the truck.
Police say the driver was not wearing a seatbelt and that alcohol may have been a factor in the wreck.