Opp moves to dismiss suit against company

Published 9:48 am Wednesday, October 25, 2017

The City of Opp last week agreed to dismiss a lawsuit against B&B Recycling after the company finally completed its end of the disputed agreement.

Last year, the city and B&B Recycling reached an agreement more than two years after questionable burning was stopped at a cotton mill in Opp in February 2014.

According to Star-News archives, the smoke and smell originating from the burn piles had become a matter of contention among city residents and officials. There was also concern there was asbestos in the material being burned.

In April 2015, then-Mayor John Bartholomew said the city had tried many different steps to get the former Micolas Mill property cleaned up but failed.

In August 2015, the then-city council voted to file suit in circuit court.

“Due to the actions or inactions of B&B Recycling, and Rod Brunley, said property is in such a state of decay, dilapidation or disrepair that it constitutes a public nuisance and danger to the public at large. There are discarded trash and building materials throughout the property that have remained for an extended period of time. The property contains breeding grounds for flies, insects and/or rodents.,” the suit alleged.

In June of last year, the city and B&B Recycling reached an agreement.

The agreement gave B&B Recycling deadlines for cleanup and if the company failed to comply, the ownership of the property would revert to the city.

The new administration inherited the lawsuit and new city attorney David Baker said the city gave B&B Recycling extended time to clean up the property.

Baker said the city did not want to take on ownership of the property.

“We held their feet to the fire and they took advantage of the extension,” he said.

The agreement is currently awaiting final approval by Circuit Judge Ben Bowden.