Monday, November 30, 2015

Judge sends sludge fight back to Rankin County

U.S. District Judge Dan Jordan, III remanded a lawsuit filed by the West Rankin Utility Authority against Jackson back to Rankin County Circuit Court today.  West Rankin sued Jackson in April for the return of funds it paid to Jackson for treatment of its wastewater.  West Rankin claimed Jackson misspent the funds after it audited how the funds were spent.  Jackson tried to remove the lawsuit to federal court.

Jackson argued the dispute was related to a federal consent decree between Jackson and the EPA over the treatment of Jackson's wastewater.  Judge Jordan said nice try but no dice as he ruled the two parties were disputing a contract and the dispute had nothing to do with the consent decree. It must go back to state court since there was no federal dispute.

JJ reported in May:

 West Rankin argues that the two parties agreed in 2002 that West Rankin would pay Jackson to treat its wastewater.  However, West Rankin claims that it is not supposed to pay for


the city's years of sludge mismanagement which directly resulted from the city's failure to repair severe breaks, cracks, and holes in the City's wastewater collection system.
West Rankin also argued that at times the influx of storm water casued the amount of wastewater and sludge "delivered to the Savanna Plant to

at times exceed 163 million gallons per day, which greatly exceeds the Plant's average daily treatment capacity which is 46 million gallons of wastewater per day.

 West Rankin stated that the holding capacity of the storm cells at Savanna decreased by 70%  because of sludge accumulation in the system and the city's failure to address these problems.  It says the "continued mismanagement" was the subject of a consent decree between the city and EPA.
The complaint accuses the city of charging some of the costs to implement the consent decree against West Rankin.    It argues that West Rankin is responsible for paying for the treatment of its wastewater, not paying for costs associated with Jackson's alleged negligence in maintaining its system.

West Rankin also asks the court to decree that Jackson can not recover any costs associated with the consent decree against West Rankin as its wastewater directly enters into the Savanna plant and avoids the storm cells. Earlier post with copy of complaint.



Here is the audit.  Read the last comment in this post.  Pretty interesting.


7 comments:

Anonymous said...

Jackson was swinging for the fence and got lucky with a strike on this one!! Phony Yarber, K. Powell (I forget which derivation of Kishia she goes by), and Aqualaw are in way over their heads....they've got the Guv against them. All there needs to be said at this point is...WHEN'S THE RIBBON CUTTIN'???

Anonymous said...

This lawsuit is a waste of taxpayer money ! Like Congress, these guys don't seem to know their job is to deal with reality and work together to solve problems not exacerbate them.

Anonymous said...

When it comes to Jackson there is no working together to solve problems. Jackson can't even work to solve its own problems.

Anonymous said...

Why has the City of Jackson's legal team not requested a change of venue? This is ridiculous. The City of Jackson needs to get rid of Gail Low(&Eerie) and Monica Joyner. The Legal Department is incompetent and so it the Mayor of Jackson and his cronies. The City Council should request an investigation of Tony Yarber, Jason Goree, Gus McCoy, City Legal, and entire Public Works Department, an JRA. This mess is certainly out of hand and they rubber stamp everything the Mayor does. Are they all in cahoots with this non-sense? Where is the Feds when you need them. Maybe the State Auditor should get involved as well. There is definitely a problem with this picture.

Jackson is going to take a blood bath in Rankin County.

-Concerned Citizen

Anonymous said...

Over 3 million to rent emergency/temporary pumps, 36,000 per month in management fees to someone with no details as to what is managed, almost 200,000 in automobile leases, to borrow from Key & Peele, "Where do my dookie go?"

Everyone is a stakeholder in this mess, pay attention and demand accoutabilty. If the current crew cannot or will not answer, we find a new plumber.

Anonymous said...

This is ludicrous. Can Jackson impeach it's Mayor?

Anonymous said...

State law does not allow a city to impeach it's Mayor. It does not even allow a city to impeach its mayor.

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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


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Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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