TLA/Pond View Attorney Argues Constitutionality of DEM Violation

representation argued that the legislation behind a  calling for the suspension of recycling facility's operational license is "unconstitutional" in Providence Superior Court on Monday morning.

Brian Wagner, an attorney representing TLA/Pond View, argued that the amended Refuse Disposal Act is specifically worded to "shut down" the Dexter Road facility, adding that the ability to appeal a decision is not included in the legislature. Moreover, the move was driven by political motives. 

"This is not an environmental case at all," he said. "This is a political case."

East Providence officials issued a  to TLA/Pond View on May 27 for alleged zoning ordinance violations. The Dexter Road business appealed the zoning violation to the City’s Zoning Board of Review; members later issued a "letter of non-compliance." DEM then issued the violation notice on grounds that the facility was not complying with municipal ordinances that are upheld by the Refuse Disposal Act.

The R.I. Attorney General's Office has to represent the City of East Providence and the Rhode Island Department of Environmental Management (DEM) in the proceedings.

Attorney Christian Capizzo, representing the Rhode Island Attorney General's Office, asked Superior Court Judge Sarah Taft-Carter to suspend the operating license immediately.

During the hearing, Judge Taft-Carter said she would like to review the case further before making any decisions. Legal representation for the city, TLA/Pond View and the Attorney General's office will meet again next week.

Members from the East Providence Coalition sat in audience wearing matching red t-shirts.