A controversial plan to bring a garbage facility to east Nashville is now back on the table. A company wants to build a waste transfer station to store trash on Apex Street near Ellington Parkway.
Council members rejected the idea last year after public outcry, but the company could still get its way.
"We had no idea this was back on the table," said east Nashville resident Mary Anne Malone.
"I'd be moving, I can tell you that much," said neighbor Darryl Williams.
Last summer, neighbors fought to keep a company called Waste Connections from turning a vacant warehouse on Apex Street into a waste transfer station.
"The fact that it's going to stink. It's going to cause all the 18-wheelers to be over here. There are small kids over here that ride bicycles that we got to worry about getting run over," Malone said.
It seemed the plan was dumped when the Metro Council voted down the zoning exception and after a chancery judge sided with the council when the waste company first appealed.
However, the group took their fight further, and the Tennessee Court of Appeals has now sided with the waste company, ruling Metro leaders were wrong for denying zoning for the sole reason that local residents opposed the station - not because it was "consistent or not consistent" with Metro requirements.
"We did our research. We said, 'Thanks, but no thanks,'" said Metro Councilman Scott Davis.
Davis argues city leaders consulted with Metro Public Works and planning and zoning committees, who each opposed the waste station.
Davis said the good news for neighbors is a nonprofit called Inner City Ministries purchased the warehouse for just under $3 million last month.
So, now, if Waste Connections wants to move in, it would have to lease or purchase the property from the nonprofit.
"We're hoping they'll withdraw their application and move on," Davis said.
After the appellate court's ruling, the decision is now in the hands of the Metro Board of Zoning Appeals and ultimately the nonprofit group that now owns the building.
Davis said the Metro government is considering appealing to the state Supreme Court.
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