State Supreme Court agrees to review of East Providence/TLA-Pond View case
PROVIDENCE — The Rhode Island Supreme Court late Monday afternoon, May 5, issued a writ of certiorari in the case of East Providence vs. the TLA-Pond View recycling plant on Dexter Road, meaning the city and neighbors in opposition to the business live to fight another day.
A writ of certiorari is in essence an appeal. The State Supreme Court has ordered the Superior Court to deliver its record in the case so that the high court can review the decision of Judge Sarah Taft-Carter, who ruled in favor of TLA-Pond View and Kenlin Properties in their appeal of a 2011 East Providence Zoning Board decision which deemed the operation to be in violation of city guidelines.
In the 22-page decision released Monday, Aug. 5, 2013, Judge Taft-Carter wrote, “This Court concludes that Appellants’ substantial rights were prejudiced because the Decision of the Zoning Board, affirming the Zoning Officer‟s Notice of Violation, was clearly erroneous and made upon unlawful procedure. Accordingly, the Plaintiffs‟ appeal is granted, and the Decision of the Zoning Board is reversed. Counsel shall submit the appropriate judgment for entry.”
TLA-Pond View and Kenlin Properties, owned by Kenneth Foley, have long been at odds with neighbors in the Rumford section of the city where the recycling plant was located. Residents claimed excessive amounts of dust and other debris was emanating from the plant.
Later last summer, the Rhode Island Department of Environmental Management (DEM) announced Friday, Sept. 6, that the closure and cleanup of the site of the former TLA-Pond View recycling facility was completed.
TLA-Providence, LLC was the operator of the former TLA-Pond View construction and demolition debris processing facility that was put into Receivership in March 2012; the facility ceased operations on Sept, 10, 2012. The materials that were removed during the cleanup had been left behind at the site when the recycling facility ceased business operation.
The DEM did acknowledge at the time, "The owner of the property can perform any activities on the site allowed under state or local laws/permits/ordinances."
The owner, Ken Foley, has continued to operate a metals reclamation business since, continuing his feud with local residents.