Judge refuses to remove defendants from landfill case

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. An individual and two of his companies will remain defendants in a civil action filed by the Estill Fiscal Court involving the dumping of low-level radioactive wastes at a landfill near Irvine. The complaint alleges that Cory Hoskins and two companies he owns, BES LLC and TENORM Services, were among the parties that violated the landfill’s agreement with the county, which prohibited the dumping of radioactive wastes. Christie Moore, an attorney for Hoskins and his companies, argued that the plaintiffs had not presented enough evident to retain her clients as subjects of the complaint. However, Estill County Attorney Rodney G. Davis argued that Kentucky follows a procedure known as “notice of pleading.” And it does not require litigants to fully state their case when a claim is first filed. An initial filing is a notice that an action is being pursued, Davis said after the hearing. In the wake of Dean’s ruling, the litigants may gather more evidence in the case, Davis said. Davis said the attempt to have the three defendants removed from the case was no surprise. Although the defendants “clearly know they violated” the landfill’s agreement with Estill County, Davis said, “I expect they will fight this case in every corner they can.”