Litigation? Lee County Commission in Trouble
Updated: Sep 7, 2022
County Commission Chairman Bill English (Lee County Probate Judge) presented a request for the Attorney General's opinion regarding collecting garbage fees during the Lee County Commission Meeting on March 28, 2022. The Lee County Commission requested this "opinion" after the LCC voted to destroy the private businesses of our local garbage collecting vendors and monopolize the garbage collection industry of the county at the taxpayers' expense.
Watch the Meeting
The LCC gifted the contract to Arrow Disposal Service. The MONOPOLIZED contract where Arrow Disposal Service will have ZERO competition. The LCC ruthlessly and without heart stripped the ability of any private business to supply their customers with a valuable service.
Now, due to the Commission sacrificing the will of the people on the altar of the LCC, county property owners can no longer send their garbage to a collection site as has been the norm for decades. The Sheriff (Jay Jones) would not discipline the abuse of those that lived OUTSIDE county lines by having a Deputy posted to ensure only county property owners would use the green trash bins. Citizens requested an estimate to show the abuse of "wrongful dumping" of the county trash disposal sites. Environmental Services Director John McDonald estimated 30-40% of the trash collected in those county disposal sites were from OUT-OF-COUNTY individuals. Instead of disciplining the wrongful dumping, the LCC and the Lee County Sheriff have decided to destroy the livelihoods of local business owners that fill a need and increase consumer surplus. An important question must be presented now. Are the Lee County Commissioners and/or the Sheriff receiving "kickbacks" from Arrow Disposal Service to slaughter their (Arrow) competition? That right there is an EXCELLENT question...
Let's look at the Commission request now.
We believe that Alabama general law authorizes the County Commission to "collect and disburse" garbage fees. (Sections 22-27-3 & 22-27-5, see below, emphasis supplied). We think the general law controls in this situation, and these sections of state law were specifically adopted by the Lee County Commission in 1990 and again in 1991, well after the 1981 local act.
However, in light of language in the local act (81-737) that says "Such fee shall be collected by use of the property tax books.", we feel the safest course of action is to seek an Attorney General's opinion concerning garbage fee billing.
To do so, we need a resolution from the County Commission authorizing the request for an opinion. Something along these lines...
Whereas, a genuine conflict of law appears between Sections 22-27-1 et seq of the Code of Alabama and Section 1(d) of the Lee County local legislation Act No. 81-737 of the Act of Alabama, 1981 Regular Session; and
Whereas, the Lee County Commission needs clarity on permissible methods of billing for garbage services the county provides.
Now therefore, be it resolved by the Lee County Commission, that the Chairman of the Lee County Commission and the Lee County Attorney are authorized to prepare and file a request for a formal opinion from the Attorney General of the State of Alabama to resolve various issues regarding the solid waste system of Lee County."
The wealth transfers and power grabs are in full swing in the Lee County Commission. If you ever wondered why your property taxes are increasing just look towards the Lee County Commission (LCC).
That is not the only potential litigation regarding the March 28, 2022 Lee County Commission meeting, unfortunately. At the end of the Lee County Commission Agenda the LCC Chairman, Bill English, closed the meeting to the public. The LCC would have an "Executive Session" regarding "possible or threatened litigation". County Attorney Stan Martin requested the Lee County Revenue Commissioner Oline Price, the Lee County Engineer Justin Hardee and the Lee County Manager Holly Leverette to be included in the Executive Session. We can only speculate as to what "potential litigation" the LCC are referring to as they create so many lawsuits with their uncontrollable mindset of transferring wealth from the Lee County Property owners to their (LCC) friends.
If anyone was wondering what is happening with the Quarry Litigation, just know that the LCC has admitted they cannot stop a quarry. Th LCC are UNWILLING to enforce BOND requirements of the Contractors that they hire. This allows the Contractor to transfer their financial burdens onto the Lee County taxpayers. Yet another example of the trampling the Lee County citizen with destructive force. Instead of discipling the wrongdoers, the LCC would rather the Lee County taxpayer pay the cost of their (LCC) malfeasance.
On March 28th, 2022, the Lee County Commission paid (with taxpayer funds) Starnes Davis Florie, LLP $75,606.57 for
Legal Services re: Shady Grove Quarry/Creekwood/Nov $36,993.00
Legal Services re: Shady Grove Quarry/Creekwood/Dec $14,470.02
Legal Services re: Shady Grove Quarry/Creekwood/Jan $3,595.00
Legal Services re: Shady Grove Quarry/Creekwood/Feb $20,548.55
So, what do you think about the current and potential litigation for Lee County? I smell corruption and abuse of power. One man's opinion of course.