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Home » News » Courts » Lawyers for SMI threaten litigation, termination of host agreement payments if operating permit not adopted on Tuesday

Lawyers for SMI threaten litigation, termination of host agreement payments if operating permit not adopted on Tuesday

– By Josh Durso

Lawyers for Seneca Meadows say they will sue if the Town does not vote ‘yes’ on an updated permit in Seneca Falls.

The Town Board is expected to entertain an extension of an annual operating permit, which has remained in flux since 2016.

A letter obtained by the newsroom outlines the legal case representatives for Seneca Meadows make in its claim that the Town must enact an updated permit, or face harsh consequences.

The letter is addressed to Supervisor Mike Ferrara.

“If the Town fails to issue SMI the Permit, SMI would be prevented from lawfully operating the landfill,” the second letter reads. “There can be no doubt those actions would trigger this provision of the Agreement, thereby allowing SMI to terminate its obligations thereunder, including the payments required by Section XIII [in the host agreement].”

It goes on pointing out that Seneca Meadows would be legally supported ceasing payments. “Because there are no provisions for an administrative remedy contained in Chapter 185 as it relates to the yearly renewal of the Permit and the Town and SMI have already been in negotiations over these issues, SMI will be within its rights under the clear terms of the Agreement to immediately terminate the Agreement, cease making payments, and commence litigation,” the letter says.

“Please take notice that SMI will consider Section XVII(D) of the Agreement to be triggered if the Permit is not issued at the April 7, 2020 Town Board meeting,” the letter signed by Scott Turner of Nixon Peabody reads.

This letter was obtained after FingerLakes1.com published a letter written by Bruce Bonafiglia, President of BonaDent, who called on town leaders to deny the operating permit.



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