N.C. Department of Environment and Natural Resources

SOUTH WAKE LANDFILL SETTLEMENT REACHED

RALEIGH — Officials from the state Department of Environment and Natural Resources today signed a settlement agreement that dismisses a federal lawsuit brought against DENR and Wake County by plaintiffs objecting to the proposed South Wake Landfill in Holly Springs.

DENR was the final party to sign the agreement; Wake County signed the agreement on December 1 and the plaintiffs signed December 3.

In the agreement, plaintiffs agreed to dismiss their federal lawsuit alleging discrimination in the siting and permitting of the South Wake Landfill. DENR issued the permit on March 21, 2001 in accordance with an order issued by Wake County Superior Court. The department denied any discriminatory motive in issuing the permit and maintained there was no merit to the allegations.

As part of the agreement, plaintiffs release the department from all liability. In exchange, DENR agrees not to seek cost recovery of attorneys' fees and costs related to the suit. The agreement follows the dismissal of half the plaintiff's lawsuit by Judge Terrence Boyle, U.S. District Court, Eastern District of North Carolina.

Both DENR and Wake County had filed motions for summary judgment seeking to dismiss the remaining half of the case when the settlement was reached. The agreement and dismissal end a three-year lawsuit.

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