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U,w oF~cEs <br />COLEMAN, GLEDHILL~ & HARGRAVE <br />A PROFESSIONAL CO[lP'ORA7'tON <br />l29 E 7RYON SZRffC <br />P.,O. DRAaIfR 1329 <br />Ali, NOQ2N GROLAtA 27276 <br />919.732.2196 <br />FAX 919.732.7997 <br />October 16, 1997 <br />Bill Crowther, Chair <br />bsarga:tt Brown <br />Moses Carey, Jr. <br />Alice Gordon <br />Stephen Hallaiotis <br />Orange County Board of Commissioners <br />Post Office Box 8181 '" <br />Hillsboroagh, North Carolina 27278 <br />~ttocl~~l' S~-~4 <br />iro-. <br />FROM 77$ DESx OF <br />tiEOFfREY E GiFDL~J.. <br />RE: Report o~[ t6e LaadBll Owners Group/LandSU Neighbors Working Groap . <br />Reeommeadadons for Improvements around the Orange Regional LandSll <br />Dear Board Members: <br />At your October 6 meeting you requested that I Ioo1< at the legal issues surrounding the <br />recommendations for improvements in the community of neighbors of the Orange Regional <br />Landfill which arc aoatauted in the Septr~rnber 18, 1997 Report of the Landfill Owners <br />Groupr/Landfill Neighbors Wo~dng Group Aa important starting point of my review and <br />analysis of these ttcommendations is the second paragraph of the Report itself: TL states: "In <br />no way should these recommendations be interpreted as compensation for siting of a future <br />landfill in the Eubanks Road arcs - tit they are solely meant W address compensation of <br />neighbors for having lived near the current landfill." (Emphasis added.) Any public <br />improvements treat are made in rBe arts surrounding the Orange Regional Landfill must be legally <br />justified on some basis other than compensation for siting the Orange Regional Landfill. The <br />ability of the local governments of Orange County, Chapel Ffill and Carrboro to pay for the <br />rocommendei! and atZy other public improvements must rest on some basis other than <br />compensation. <br />Most of the recommendations do not have significant legal implications. Those that don't <br />may call for additional financial and people resources and in some instances some 2tgulatory <br />tightening. But generally they can be performed within the contract of the operation of the <br />landfill enterprise. Only those that have significant legal unplications will be addressed further <br />in this letter. <br />