Judge denies request to dismiss lawsuit against Estill County landfill

Stag Liuzza, LLC is representing the Estill County Fiscal Court in a lawsuit against Cory Hoskins, BES services, Advanced TENORM services and Advanced Disposal for disposing of radioactive waste in the Blue Ridge Landfill, breaching the terms of their contract. A judge has denied a request to throw out a lawsuit involving the disposal of radioactive waste in Estill County. Estill Circuit Judge Michael Dean overruled a motion to dismiss. In July, the Estill County judge executive filed a multi-million dollar lawsuit against four companies and one individual alleges that the county’s solid waste ordinance was violated 47 times between July and November 2015. During the hearing on Thursday, attorneys asked that Advanced Tenorm Services, BES LLC and Cory Hoskins all be dropped from the lawsuit. While attorneys accepted the allegations, they argued to the judge that the complaint fails to state a viable cause and evidence. They also say their three defendants are not third party beneficiaries to the contact with the county, so they in turn could not have breached that agreement. The judge ruled the motion to dismiss is premature and the initial complaint filed is not required to lay out specific evidence. The decision was met with an applause from citizens in the courtroom.