Injunction issued against Oswego County in flow control case

by Carol Thompson

A federal court judge has handed down a preliminary injunction against Oswego County in the ongoing court battle over the county’s flow control law.

It’s a battle that is has been costly to the taxpayers and could become even more costly. Last week, the legislature approved the payment of $65,214, as ordered by the court, for the purpose of reimbursing the plaintiff for legal fees. The day after the meeting, Senior District Court Judge Neal McCurn filed an injunction against the county.

Jeff Holbrook of JWJ Industries, Inc. brought a lawsuit against the county alleging that the legislature passed an unconstitutional flow control law. The court agreed and legislators were ordered to amend the law.

The case is pending as to whether the amendment is constitutional.

In a 13-page memorandum of law, dated April 13, McCurn stated the reasons for the injunction.

“The County now maintains that its flow control law is ‘valid and enforceable’,” McCurn wrote.  “Plaintiffs argue that the 2011 law is unconstitutionally vague on its face and as applied to plaintiffs, as it is not clear whether, inter alia, the 2011 law prohibits the JWJ transfer station from accepting construction and demolition (“C&D”) debris from within the County.”

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