Their first motion to dismiss names Rutherford County as an “indispensable party” because their landfill operates adjacent to Middle Point Landfill. Middle Point goes on to say they deny each allegation made by the City of Murfreesboro, but they also suggest others could be to blame for any groundwater runoff. “BFI condemns Plaintiff’s blatant disregard for the use of judicial resources and the legal process by bringing forth a legal claim displaying a clear lack of legal precedent, facts, or merit in a cheap ploy to generate media attention and scapegoat the Defendants.”
Middle Point says they denounce “the frivolous and baseless claims” made against them. The city is seeking an injunction against the defendants where they would be required to halt operations until they can fix the smell and discharge into the river. They say the material has seeped into local waterways and produced a foul odor resulting in more than 2,000 complaints since the city first opened its complaint portal last year. Murfreesboro city attorneys said the landfill accepted all types of waste for years, ranging from industrial and paint sludges, soils with low radiation, metal shavings, and soil contaminated with diesel waste. The lawsuit against the operators of Middle Point Landfill alleged they were responsible for toxic chemicals leaking into the East Fork Stones River and the Walter Hill Recreation Area. (WTVF) - Republic Services filed two motions to dismiss the lawsuit they call “frivolous” filed against them by the city of Murfreesboro back in August.
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