Attorney John Mancini, the receiver of TLA/Pond View, submitted the papers to Providence County Superior Court Judge Michael Silverstein. The judge accepted the motion and set a follow-up hearing on the matter for Oct. 25.
As part of the termination, the receiver will work on a closure plan for the site. In addition, no additional debris will be accepted by the company. The owner of the TLA/Pond View property, Ken Foley’s Kenlin company, did not oppose the closure motion.
Speaking on behalf of the TLA/Pond View constituents, James Briden, himself a lawyer and also a candidate for the City Council seat from Ward 1 in the November election, said while Tuesday’s events were a step in the right direction, the case remains far from resolved.
“The good thing is that it’s a finite issue. As of now, Pond View is closed. No new material will be brought to the site,” Mr. Briden, who attended Tuesday’s hearing with fellow concerned resident Jo-Ann Durfee, said.
“But the big thing the public needs to know is this case is far from over,” Mr. Briden continued. “The zoning case is still on-going and has yet to be decided.”
Mr. Briden referred to the appeal by Kenlin of the East Providence Zoning Board’s ruling on the variances of the property back in October of 2011. The board ruled in the favor of the city putting limits on the amount of material TLA/Pond View could accept.
The appeal process continues with both parties nearing deadlines to provide Superior Court with Memorandums of Law: Kenlin by Oct. 17, 2012 and the city by Nov. 17, 2012.
In the meantime, the receiver’s clean-up plan will be formulated, likely coming from an $800,000 bond it procured as part of taking over TLA/Pond View operations. Mr. Foley’s Kenlin company, as the landlord, is also a guarantor in the clean-up process and is likely partially responsible for it to take place.
In addition, there is no guarantee another recycling company won’t eventually restart operations on Dexter Road. If so, it remains to be determined if Rhode Island Department of Environmental Management guidelines put into law in 2011 will be enforced.