by Carol Thompson
The Oswego County Legislature approved the payment of $10,951 to JWJ Industries of New Haven last month.
The payment was ordered by Senior Judge Thomas J. McAvoy of the United States District Court Northern District of New York.
The payment is for legal fees incurred by the plaintiff, Jeffrey Holbrook, owner of JWJ Industries.
The county and the company have been in a legal battle since the legislature passed a flow control law in October 2008.
In 2011, the court ruled that Oswego County’s flow control law, mandating that all waste generated within the county be taken to a county owned facility, is unconstitutionally vague.
The court took issue with the flow control law for authorizing and encouraging arbitrary and discriminatory enforcement and ruled that it was unconstitutional for vagueness as written.
Holbook claimed his business declined by 25 percent since the law took effect Jan. 1, 2009.