Residents Sue Liberty Recycling Following Large Fires, Explosions

TUSCALOOSA, AL — A group of Tuscaloosa residents is suing a controversial recycling center for breach of contract, alleging the company has repeatedly reneged on a previous agreement to terminate and move its operations from the nearby neighborhood where they live.

The defendants in the lawsuit are listed as Liberty Recycling Inc. and Raw Properties, LLC, which is believed to own part of the property where Liberty Recycling Center is located.

The 10-page complaint was filed in Tuscaloosa County Circuit Court late this week by attorney Charles E. Pearson of The Pearson Law Firm on behalf of the six plaintiffs. Tuscaloosa law firm Prince, Glover & Hayes is also representing the plaintiffs.

In the latest complaint, the terms of the previous agreement are laid out to reinforce the case of the residents with respect to the companies violating the set terms.

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Terms of the agreement

• The confidential settlement agreement was initially reached on February 1, 2020, which included the agreement by Liberty Recycling to terminate and move its operations from the neighborhood where the plaintiffs live.
• Plaintiffs agreed to withdraw claims against Liberty Recycling if the terms were met.
• The initial agreement called for Liberty Recycling to remove a junk automobile shredder from the current location within 18 months from the date of the agreement.
• Liberty Recycling also allegedly agreed to inspect all vehicles and other items before shredding them, while requiring customers to remove fuel tanks and other items that could explode during shredding or else fully drain such tanks or items before the vehicle or item is delivered to Liberty.

The residents claim that since the February 2020 agreement was reached, Liberty Recycling has not removed its shredder and has caused a significant number of loud explosions on a monthly basis. The complaint points to more than 40 explosions and two major fires at the facility over the last 30 days prior to the filing.

The first fire occurred the night of May 16, but it would be the second blaze near the end of June that would result in renewed discussions about the future of the recycling center.

Following the second major fire, which saw a large plume of thick black smoke visible for miles, the controversy drew the attention of the City of Tuscaloosa. Earlier this month, Mayor Walt Maddox jumpstarted discussions on moving Liberty Recycling Center from its 24th Street location to somewhere with less of a residential impact.

City officials have said in the past that Liberty Recycling intends to relocate, but no update has been provided on a new potential home for the company.

As a result of the ongoing frustrations, the residents cited noise, smoke, particulate matter and fumes as posing a direct threat to their health and quality of life.

What's more, the residents claim Liberty Recycling has repeatedly violated Tuscaloosa city ordinances as to its manner of operations.

In count one of the lawsuit, the residents seek declaratory judgement from the court to determine the scope of the violations on the part of Liberty Recycling.

The second count was levied against both Liberty and Raw Properties, seeking injunctive relief after the companies failed to meet the terms of the settlement. The residents are suing for compensatory damages for personal injuries, mental anguish and property damage.

A third count alleges a general breach of contract following the February 2020 settlement.

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