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8 <br /> LAW OFFICES <br /> COLEMAN, GLEDHILL & HARGRAVE <br /> A PROFESSIONAL CORPORATION <br /> 129 E.TRYON STREET <br /> P.O.DRAWER 1529 <br /> HILLSBOROUGH,NORTH CAROLINA 27278 <br /> 919.732-2196 FROM THE DESK OF <br /> FAX 919.732-7997 GEOFFREY E.GLEDHILL <br /> October 16, 1997 <br /> Bill Crowther, Chair <br /> Margaret Brown <br /> Moses Carey, Jr. <br /> Alice Gordon <br /> Stephen Halkiotis <br /> Orange County Board of Commissioners <br /> Post Office Box 8181 <br /> Hillsborough, North Carolina 27278 <br /> RE: Report of the Landfill Owners Group/Landfill Neighbors Working Group - <br /> Recommendations for Improvements around the Orange Regional Landfill <br /> Dear Board Members: <br /> At your October 6 meeting you requested that I look at the legal issues surrounding the <br /> recommendations for improvements in the community of neighbors of the Orange Regional <br /> Landfill which are contained in the September 18, 1997 Report of the Landfill Owners <br /> Group/Landfill Neighbors Working Group. An important starting point of my review and <br /> analysis of these recommendations is the second paragraph of the Report itself. It states: "In <br /> no way should these recommendations be interpreted as compensation for siting of a future <br /> landfill in the Eubanks Road area-- rather they are solely meant to address the compensation of <br /> neighbors for having lived near the current landfill." (Emphasis added.) Any public <br /> improvements that are made in the area 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 Hill and Carrboro to pay for the <br /> recommended and any 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 regulatory <br /> tightening. But generally they can be performed within the context of the operation of the <br /> landfill enterprise. Only those that have significant legal implications will be addressed further <br /> in this letter. <br />