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COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT ACTION NO. 17-Cl-_0032.1_, DIV._£ LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT WASTE MANAGEMENT DISTRICT, ROBERT SCHINDLER, AND GREG FISCHER, in his official capacity as Mayor of Louisville Metro Government v. VERIFIED COMPLAINT COMMONWEALTH OF KENTUCKY, ENERGY AND ENVIRONMENT CABINET SERVE: Office of the Attomey General The Capitol 700 Capitol Avenue Frankfort, Kentucky 40601 and CHARLES G. SNAVELY, in his official capacity as Kentucky Energy and Environment Secretary SERVE: Office of the Attorney General The Capitol 700 Capitol Avenue Frankfort, Kentucky 40601 and JEFFERSON COUNTY LEAGUE OF CITIES, INC. SERVE: _E, James Ising 6706 Kingslook Court Louisville, Kentucky 40207 and NATIONAL WASTE & RECYCLING ASSOCIATION, KENTUCKY CHAPTER SERVE: Robert E. Lee, Chr. 7705 Hermits Run Road Louisville, Kentucky 40291 cinCuIT. COURT FRASER MAN, CLERK. PLAINTIFFS, DEFENDANT DEFENDANT. DEFENDANT DEFENDANT CITY OF ANCHORAGE SERVE: Mayor William Thomas Hewitt 11104 Owl Creek Ln. Anchorage, KY 40223 CITY OF AUDUBON PARK SERVE: Mayor Dorn Crawford 932 Audubon Pkwy, Audubon Park, KY 40213 CITY OF BANCRAFT SERVE: Mayor Jeffrey Magers 7408 Maria Ave. Louisville, KY 40222 CITY OF BARBOURMEADE SERVE: Mayor Bryan N. Coomer 3201 Brownsboro Vista Dr. Louisville, KY 40242 CITY OF BEECHWOOD VILLAGE SERVE: Mayor Brandon A. Jaggers 4516 Cordorva Rd. Louisville, KY 40207 CITY OF BELLEMEADE SERVE: Mayor Larry Lea Odom-Groh 206 Dorchester Rd. Louisville, KY 40223 CITY OF BELLEWOOD SERVE: Mayor Kevin R. Orr 3911 Leland Rd. Louisville, KY 40207 DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT CITY OF BLUE RIDGE MANOR SERVE: Mayor Carla Kreitman 10201 Radford Rd. Louisville, KY 40223 CITY OF BRIARWOOD SERVE: Mayor Michael McGrath 2000 Cedarcrest Dr. Louisville, KY 40242 CITY OF BROECK POINTE SERVE: Mayor Mark Petruska 3231 Broeck Pointe Cir. Louisville, KY 40241 CITY OF BROWNSBORO FARM SERVE: Mayor Mate Salmon 3601 Fallen Timber Dr. Louisville, KY 40241 CITY OF BROWNSBORO VILLAGE SERVE: Mayor Mark W. Joyce 300 Sprite Rd. Louisville, KY 40207 CITY OF CAMBRIDGE SERVE: Mayor Sherry Tyler 2912 Cambridge Rd. Louisville, KY 40220 CITY OF COLDSTREAM SERVE: Mayor J. Kevin Taylor 5006 Middlesex Dr. Louisville, KY 40245 DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT CITY OF CREEKSIDE SERVE: Mayor Deana Epperly Karem 3204 Dunlova Ct. Louisville, KY 40241 CITY OF CROSSGATE SERVE: Kirk Hilbrechy 1900 Crossgate Ln. Louisville, KY 40222 CITY OF DOUGLASS HILLS SERVE: Mayor Bonnie Jung 511 Cheskirk PI. Douglass Hills, KY 40243 CITY OF DRUID HILLS SERVE: Mayor Ben Franklin 4006 Druid Hills Rd, Louisville, KY 40207 CITY OF FINCASTLE CITY OF FOREST HILLS SERVE: Mayor Kenneth W. Griffin 2213 Mahan Ave. Louisville, KY 40299 CITY OF GLENVIEW SERVE: Mayor W. Thomas Halbleib, Jr. 3211 Boxhill Ln, Glenview, KY 40222 CITY OF GLENVIEW HILLS SERVE: Mayor David Bufford 3005 Shalleross Way. Glenview Hills, KY 40222 DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT. DEFENDANT DEFENDANT CITY OF GLENVIEW MANOR SERVE: Mayor Joe Martin 36 Harwood Rd. Louisville, KY 40222 CITY OF GOOSE CREEK SERVE: Mayor Jim Winders 8610 Banbridge Rd. Louisville, KY 40242 CITY OF GRAYMOOR-DEVONDALE SERVE: Mayor John Vaughn 1508 Valley Brook Rd. Louisville, KY 40222 CITY OF GREEN SPRING SERVE: Mayor Trevor Cravens 4422 Deepwood Dr. Louisville, KY.40241 CITY OF HERITAGE CREEK SERVE: Mayor Larry Webb 11400 Courage Ct. Louisville, KY 40229 CITY OF HICKORY HILL SERVE: Mayor Richard E. Dearing 9803 Cypress Creek Dr. Louisville, KY 40241 CITY OF HILLS AND DALES SERVE: Mayor Ralph George Johanson 3209 Mt. Rainer Dr. Louisville, KY 40241 DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT CITY OF HOLLOW CREEK SERVE: Mayor Katie Forsythe 7306 Creekview Ct. Louisville, KY 40228 CITY OF HOLLYVILLA SERVE: Mayor Deanna Miller 10720 Charlene Dr. Fairdale, KY 40118 CITY OF HOUSTON ACRES SERVE: Mayor Charles Bartman 4302 Martha Ave, Louisville, KY 40220 CITY OF HURSTBOURNE. SERVE: Mayor Mary W. Schneider 8 Muirfield PI. Louisville, KY 40220 CITY OF HURSTBOURNE ACRES SERVE: Mayor Sean P. Fore Sr. 1808 Addington Ave. Louisville, KY 40220 CITY OF INDIAN HILLS. SERVE: Mayor Thomas O. Eifler, Sr. 4702 Old Brownsboro Cr. Louisville, KY 40207 CITY OF JEFFERSONTOWN SERVE: Mayor Bill Dieruf 613 Tumstile Tree. Louisville, KY 40223 DEFENDANT DEFENDANT DEFENDANT. DEFENDANT DEFENDANT DEFENDANT DEFENDANT CITY OF KINGSLEY SERVE: Mayor Rebecca Beld 2612 Taylorsville Rd. Louisville, KY 40205 CITY OF LANGDON PLACE SERVE: Mayor John “Mike” Frank 2808 Kosmar Ct. Louisville, KY 40205 CITY OF LINCOLNSHIRE SERVE: Mayor Lewis Hudson 11 Canterbury Dr. Louisville, KY 40220 CITY OF LYNDON SERVE: Mayor Brent Hagan 1323 Whirlaway Dr. Louisville, KY 40242 CITY OF LYNNVIEW SERVE: Mayor Anna Gleen 4825 Redstart Rd. Louisville, KY 40213 CITY OF MANOR CREEK SERVE: Mayor Jack Grimm 3412 Ascot Cir. Louisville, KY 40213 CITY OF MARYHILL ESTATES SERVE: Mayor John S, Gutermuth 4205 Mary Knoll Ln. Louisville, KY 40207 CITY OF MEADOWBROOK FARMS SERVE: Mayor Diane Woods DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT 2111 Markwood Rd. Louisville, KY 40223 CITY OF MEADOW VALE SERVE: Mayor Mary R, Hornek 9711 Boxford Way Louisville, KY 40242 CITY OF MEADOWVIEW ESTATES CITY OF MIDDLETOWN SERVE: Mayor J. Byron Chapman 13200 Urton Ln, Louisville, KY 40243 CITY OF MOCKINGBIRD VALLEY SERVE: Mayor Elizabeth W, Davis 1 Overbrook Rd Louisville, KY 40207 CITY OF MOORLAND SERVE: Mayor David Chervenak, Jr. 1900 Claremoor Dr. Louisville, KY 40223 CITY OF MURRAY HILL SERVE: —” Mayor Patrick Walter Johnson 2901 Murray Hill Pike Louisville, KY 40242 CITY OF NORBOURNE ESTATES SERVE: Mayor Paul Brooks 4030 St. Ives Ct. Louisville, KY 40207 CITY OF NORTHFIELD SERVE: Mayor Randolf Chappell 2241 Wynnewood Cir. Louisville, KY 40222 DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT. DEFENDANT CITY OF NORWOOD SERVE: Mayor Keith Monsour 300 Hidden Oak Way Louisville, KY 40222 CITY OF OLD BROWNSBORO PLACE SERVE: Mayor Wayne E. Yeager 7234 Heatherly Sq. Louisville, KY 40242 CITY OF PARKWAY VILLAGE SERVE: Mayor Mary Rose Evans 817 Perennial Dr. Louisville, KY 40217 CITY OF PLANTATION SERVE: Mayor Becky Peak 2526 Hermitage Way Louisville, KY 40242 CITY OF POPLAR HILLS CITY OF PROSPECT SERVE: Mayor John E. Evans 8101 Montero Dr. Prospect, KY 40059 CITY OF RICHLAWN SERVE: Mayor Alicia Nordmann 105 Don Allen Ré. Louisville, KY 40207 CITY OF RIVERWOOD SERVE: Mayor John M. DeWeese 2105 Round Ridge Rd. Louisville, KY 40207 DEFENDANT DEFENDANT DEFENDANT. DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT CITY OF ROLLING FIELDS SERVE: Mayor W. David Dunn, Jr. 512 Tiffany Ln, Louisville, KY 40207 CITY OF ROLLING HILLS SERVE: Mayor Stone Jaeger 9504 Aylesbury Dr. Louisville, KY 40242 CITY OF SAINT MATTHEWS SERVE: Mayor Richard Tonini 3608 St. Germaine Ct. Louisville, KY 40207 CITY OF SAINT REGIS PARK. SERVE: Mayor Brandt Davis 4311 Mt. Vernon Rd. Louisville, KY 40220 CITY OF SENECA GARDENS SERVE: Mayor David L. Brown 2547 Dell Rd. Louisville, KY 40205 CITY OF SHIVLEY SERVE: Mayor Sherry Sinegra Conner 1816 Argonne Ave, Louisville, KY 40216 CITY OF SOUTH PARK VIEW CITY OF SPRING MILL. SERVE: Mayor Joe Henning 7211 Peppermill Ct, Louisville, KY 40228 10 DEFENDANT DEFENDANT. DEFENDANT. DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT CITY OF SPRING VALLEY SERVE: Mayor J. Patrick Long 7400 Lanfair Dr. Louisville, KY 40241 CITY OF STRATHMOOR MANOR SERVE: Mayor Brian Cobb 2000 Lowell Ave. Louisville, KY 40205 CITY OF STRATHMOOR VILLAGE SERVE: Mayor Jay Bowman 2239 Lowell Ave. Louisville, KY 40205 CITY OF SYCAMORE SERVE: Mayor Earl E. Dever 10616 Sycamore Grn. Louisville, KY 40223 CITY OF TEN BROECK SERVE: Mayor Bob Roos 3704 Ten Broeck Way Louisville, KY 40241 CITY OF THORNHILL. SERVE: Mayor Daniela Havens-Lastarria 2405 Chadford Way Louisville, KY 40222 CITY OF WATTERSON PARK SERVE: Mayor Linda Chesser 4308 Conaem Dr. Louisville, KY 40213 1 DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT. DEFENDANT DEFENDANT CITY OF WELLINGTON SERVE: Mayor Michael Newton 2402 Manchester Rd. Louisville, KY 40205 CITY OF WEST BUECHEL SERVE: Mayor Rick Richards 3713 Marvin Ave. Louisville, KY 40218 CITY OF WESTWOOD CITY OF WILDWOOD SERVE: Mayor Chuck Ratz 141 Tanglewood Trl. Louisville, KY 40223 CITY OF WINDY HILLS. SERVE: Mayor E. James Icing 6706 Kingslook Ct. Louisville, KY 40207 CITY OF WOODLAND HILLS SERVE: Mayor David W. Tilford 502 Westwood Dr. Louisville, KY 40243 CITY OFWOODLAWN PARK SERVE: Mayor Larry Lewis 812 Stivers Rd. Louisville, KY 40207 CITY OF WORTHINGTON HILLS SERVE: Mayor Glenn R. Sea 4017 Northumberland Dr. Louisville, KY 40245 2 DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT SERVE: Andy Beshear, Attomey General of Kentucky Pursuant to KRS 418.075(1), Notice of Constitutional Challenge of Statute Office of the Attomey General ‘The Capitol 700 Capitol Avenue Frankfort, Kentucky 40601 ‘The Plaintiffs, Louisville/Jefferson County Metro Government Waste Management District (*LMGWMD"), Robert Schindler, and Greg Fischer, by counsel, and for their causes of action against the Defendants, state as follows: Introduction This is an‘ action for a declaration that the legislation contained in House Bill 246 (hereinafter sometimes referred to as “HB 246” or the “Act”) of the 2017 Kentucky General Assembly! is a violation of: 1, Ky. Const, §59 and §60 in thet it amends a general law so that its amendments apply only in Jefferson County without any rational basis for doing so; 2. Ky. Const. §55 in that it declares an emergency for immediate enactment without stating any reason or justification for the emergency; and 3. Ky. Const, §27 and §28 in that it subverts the executive authority of the Louisville Metro Mayor by an impermissible delegation of executive authority to nominees from non-governmental stakeholders regulated by the board. Nature of Action 1, This is an action for a Declaration of Rights pursuant to KRS 418.010, et seg. * A copy of the Actin its final form of passage Is attached as Complaint Ex. 2. 13 2. There is an actual and justiciable controversy among the parties as to whether the amendments contained in HB 246 are constitutional. 3. ‘The Plaintiff request an expedited review pursuant to KRS 418.050 and CR 57 on the grounds that the emergency legislation has had the effect of immediately abolishing the existing LMGWMD Board disrupting and confusing the Board’s ongoing and important functions. Time is of the essence and this justiciable controversy presents an immediate public ‘concer that must be promptly resolved to permit the board to perform its statutory functions, Parties 4, The Plaintiff, LMGWMD, is a non-taxing waste management district created in December, 1990, pursuant to enabling legislation contained in KRS Chapter 109 and KRS 67.083(3), which includes in its jurisdiction all territory within the borders of Jefferson County. 5. The Plaintiff, Robert Schindler, was duly-appointed to a two-year term as chairman of the LMGWMD Board who has or will be ousted from his position by enactment of the unconstitutional amendments contained in HB 246.* 6. The Plaintiff, Greg Fischer, is the duly-elected Mayor of Louisville Metro Government. 7. The Defendant, Commonwealth of Kentucky, Energy and Environment Cabinet is the executive branch agency responsible for oversight, regulation and compliance of the LMGWMD Solid Waste Management Plan for the District, 8 The Defendant, Charles G. Snavely, named in his official capacity as Kentucky Energy and Environment Cabinet Secretary, is the executive with the ultimate responsibility for 2 Jefferson County Ordinance No. 36, Series 1990, attached as Complaint Ex. 2. » Mayor Greg Fischer December 5, 2026, letter of appointment attached as Ex. 3. 14 the enforcement of laws, regulations and policies applicable to the LMGWMD, including those laws contained in the amendments of HB 246, 9. The Defendant, Jefferson County League of Cities, Inc,, is granted the authority under the Act to appoint a member of the newly constituted Board of the LMGWMD, as such, this defendant may have an interest that will be affected by the declaration. 10. The Defendant, National Waste & Recycling Asso ion, Kentucky Chapter, is granted authority under the Act to appoint a member of the newly constituted Board of the LMGWMD, as such, this defendant may have an interest that will be affected by the declaration. 11, The Defendant cities, Anchorage, Audubon Park, Bancroft, Barbourmeade, Beechwood Village, Bellemeade, Bellewood, Blue Ridge Manor, Briarwood, Broeck Pointe, Brownsboro Farm, Brownsboro Village, Cambridge, Coldstream, Creekside, Crossgate, Douglass Hills, Druid Hills, Fincastle, Forest Hills, Glenview, Glenview Hills, Glenview Manor, Goose Creek, Graymoor-Devondale, Green Spring, Heritage Creek, Hickory Hill, Hills and Dales, Hollow Creek, Hollyvilla, Houston Acres, Hurstbourne, Hurstbourne Acres, Indian Hills, Jeffersontown, Kingsley, Langdon Place, Lincolnshire, Lyndon, Lynnview, Manor Creek, Maryhill Estates, Meadowbrook Farm,.Meadow Vale, Meadowview Estates, Middletown, Mockingbird Valley, Moorland, Murray Hill, Norbourne Estates, Northfield, Norwood, Old Brownsboro Place, Parkway Village, Plantation, Poplar Hills, Prospect, Richlawn, Riverwood, Rolling Fields, Rolling Hills, Saint Matthews, Saint Regis Park, Seneca Gardens, Shively, South Park View, Spring Mill, Spring Valley, Strathmoor Manor, Strathmoor Village, Sycamore, Ten Broeck, Thombill, Watterson Park, Wellington, West Buechel, Westwood, Wildwood, Windy Hills, Woodland Hills, Woodlawn Park, Worthington Hills, may have an interest that will be affected by the declaration, 15 Jurisdiction and Venue 12, An actual, justiciable controversy exists and this Court has subject matter jurisdiction over this action pursuant to KRS 418.040, KRS 418.045, KRS 23A.010 and Civil Rule 57. 13. Venue is appropriate in this Court pursuant to KRS 452.405, since the offices of the Energy and Environment Secretary are located in Frankfort, Kentucky. Furthermore, this action relates to violations of Kentucky constitutional provisions which were determined or accomplished in Frankfort, Franklin County, Kentucky. 14, Pursuant to KRS 418.040, et seg., this Court may exercise in personam Eacts Common to All Counts 15. The LMGWMD was created pursuant to ‘enabling legislation contained in KRS Chapter 109. 16. KRS Chapter 109 was enacted as a general law applicable to all counties in Kentucky in 1978, 17, KRS Chapter 109 resulted from a special session of the General Assembly in response to growing concern over the handling and disposal of solid waste in Kentucky. It contained an extensive recitation of its findings, purpose and intent in KRS 109.011, including (5) That as a result of the conditions described in the foregoing findings, problems of solid waste collection, management, and treatment, and resource recovery activities in connection therewith have become a matter of statewide concer necessitating action by the General Assembly to: (a) Enable responsible planning and management agencies to be created to define solid waste management requirements, with all of the foregoing subject to regulation by the Natural Resources and Environmental Protection Cabinet: (b) Assist those units of government primarily responsibie for the management of solid waste and the acquisition, financing and operation of facilities to dispose of 16 solid waste to fulfill their functions in a responsible and proper manner with primary emphasis on the regionalization of these functions; and (©) Reduce the amount of solid waste generated and disposed of in Kentuck 18, Since its creation as a non-taxing waste management district in 1990, the LMGWMD has acted in compliance with KRS Chapter 109 to consolidate/regionalize all solid ‘waste management within the boundaries of Jefferson County, whether the waste was generated Within the first-class city of Louisville, lesser-classed cities, or unincorporated areas of Jefferson County, 19. In 2003, pursuant to KRS Chapter 67C, the governments of the City of Louisville and County of Jefferson were merged into a consolidated local government. Pursuant to KRS 67C.113,* this consolidation of local governments had no effect on LMGWMD authority to continue the consolidated city/county functions it had been performing for 15 years by that time. 20, In 2014, in compliance with its statutorily stated purpose “to reduce the amount of solid waste generated,” the LMGWMD passed a regulation prohibiting the collection of yard waste in plastic bags. (Yard waste collected in plastic bags goes to the landfill, whereas yard waste collected in paper bags may be processed for reuse at a composting facility.) 21, The plastic bag ban was locally opposed by certain members of the Louisville Metro Council, including a councilman at the time who is currently a Representative and leading Co-Sponsor of HB 246.5 22, On March 21, 2017, and pursuant to its emergeney clause, HB 246 became law with the signature of Governor Bevin. KRS 67C.113 provides: All taxing districts, fire protection districts, sanitation districts, water distriets, and any ‘other special taxing or service districts of any kind existing upon the successful passage of the question to ‘consolidate a city of the first class and its county shall continue in existence unless dissolved in the manner prescribed by law and shall continue to exercise all the powers and functions permitted by the Constitution and the general laws of the Commonwealth of Kentucky. * See, “GOP concedes plastic-bag ban is legal’, Courier-Journal, May 9, 2024, attached as Ex. 4 7 23. With the exception of Section 5 of the Act, each of the amendments to the once ‘general legislation are restricted in their application to consolidated local governments (Jefferson County), as follows: Section 1. KRS 109.041 is amended to read as follows: (3) No county or waste management district shall prohibit or otherwise restrict materials recovery by: Jn county containing a consolidated local government, any municipalit located within the geographic area of the county or waste management district created to serve that county. 14) If a city within a county containing a consolidated local government is in conformity with the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sec8 6901 et seq., aud is in conformity with all state statutes and administrative regulations applicable to the collection, management, and treatment of solid waste anid resource recovery therefrom, the consolidated local government or waste management district serving the county containing the consolidated local Lovernment shall not, directly or indirectly, hinder, delay, impair, prohibit, or impede any city or its contractors and agents from accessing, utilizing, and otherwise using any solid waste management facility for the disposal of solid waste, The consolidated local government or waste management district shall not charge a city within the county containing the consolidated local government, or the city's contractors and agents, directly or indirectly, any fee that is based, directly or indirectly, on the composition of the solid waste stream of that city ifthe solid waste stream isin conformity with state and federal law for the use of the solid waste Management facility receiving the waste. — Section 2. KRS 109.115 is amended to read as follows: (4) na county containing a consolidated local government, the mayor of the consolidated local government, with the approval of the legislative body of th consolidated local government, shall appoint the following seven (7) persons to constitute the board of directors: 18 (a) Three (3) residents, one (1) from each of the three (3) commissioner's districts inthe county and no two (2) members shall reside within the same state Senate Oy One (1) resident of the county who shall also reside within and represent the urban services district within the consolidated local government; (©) One (1) resident of the county submitted by the organization representing the largest amount of cities within the county which does not have statewide membership; (d) One (1) res Services district in the county: and e) One (1) resident of the county submitted by the association representing the largest number of waste management entities operating within the county. ident of the county who does not reside within the city or the urban wee (6) Except for the initial board appointed pursuant to this section, each director ‘shall serve a two (2) year term, and shall serve no more than three (3) consecutive terms. The initial board appointed pursuant to this section shall consist of three (3) directors appointed for one (1) year and four (4) directors appointed for two (2) rears Section 3. KRS 109.120 is amended to read as follows: 2) In counties containing a consolidated local government, all rules and regulations of the solid waste management district enacted from adoption of the most recent solid waste management plan prior to the effective date of this Act shall continue in full force and effect until the later of August 31, 2017, or the date on which a new solid waste management plan is approved by the department, GLIn counties containing a consolidated local government, the board may adopt such rules and regulations as are necessary to carry out the purpose for which the waste management district was created and necessary for the adequate management of solid waste in a manner adequate to protect the public health and consistent with such rules and regulations as may be promulgated by the department. These rules and regulations shall not be enforceable within the boundaries of the city until approved by the legislative body of the city or, if outside 19 ofan incorporated municipality, the legislative body of the consolidated local government, where the rule or regulation is intended to apply. A city shall approve any rule or regulation if rejecting it would cause the city to be in violation of its approved solid waste management plan adopted in accordance with the provisions (RS 224.43-345 and Section 4 of this Act Section 4, KRS 224.43-340 is amended to read as follows: In counties comaining a consolidated local government, all municipalities therein shall be deemed to be participating in the solid waste management plan adopted by the waste management district unless a municipality shall, by ordinance, specifically opt out of the plan, in which event the municipality shall comply with all requirements of KRS Chapter 224 and administrative regulations promulgated Pursuant thereto, COUNT 1 HE ACT IS PROHIBITED BY KY. CONST. §59 AND §60 24, Plaintiffs incorporate each and every allegation previously set forth in this Complaint as if set out anew. 25. The act is repugnant to Ky. Const. §59 and §60, in that it is local and special legislation. 26. Ky. Const. §59 provides, in pertinent part: “[W]here a general law can be made applicable, no special law shall be enacted.” §59 is complimented by Ky. Const. §60 which provides: “The General Assembly shall not indirectly enact any special ot local act by the repeal in part of a general act, or by exempting from the operation of a general act any city, town, district or county;....” 27. These two sections of the Kentucky Constitution have been interpreted to mean that “classifications that are favorable or unfavorable to particular localities, rested alone upon numbers and populations, are invidious, and therefore offensive to the letter and spirit of the 20 Constitution...” LouisvilledJefferson County Metro Government v. O'Shea's-Baxter, LLC, 438 S.W.3d 379, 383 (Ky. 2014), citing United Dry Forces v. Lewis, 619 $.W.2d 489, 491 (Ky. 1981) (quoting James v. Barry, 138 Ky. 656, 128 S.W. 1070, 1072 (1910)). 28. HB 246 is expressly and directly prohibited by §§59 and 60 in that it takes a law that has a near 40-year history of general application and amends it, with the amendments applying only to LMGWMD. 29. There is no rational basis for the Act’s discrimination against LMGWMD; a, The fact that Louisville and Jefferson County have merged into a consolidated local government is of no consequence under the provisions of KRS 67C.113; in fact, LMGWMD has already been administering the combined city and county solid waste management for 27 years; and b. The fact that the LMGWMD has multiple muni ipalities within its district is not a distinguishing factor from other similarly situated counties, like Campbell County (12 municipalities) or Kenton County (20 municipalities). 30. The fact that the Act is retaliatory local and special legislation is patently apparent from the sw down provision contained in Sec. 3(2) which has the effect of repealing the LMGMWD regulation banning plastic bags, only. COUNT ON ITS FACE, THE EMERGENCY CLAUSE OF THE ACT IS INVALID 31. Plaintiffs incorporate by reference each and every allegation previously set forth in this Complaint as if set out anew. “ See extract of municipalities from Kenton, Campbell and Boone Counties, Ex. 5. 21 32. The emergency clause of HB 246 is prohibited by Ky. Const, §55 because the Act fails to state: “[t]he reasons for the emergency that justifies this action must be set out at length...” Ky. Const. §55. 33. The emergency clause of the Act provides: Section 7, Whereas the citizens of counties containing a consolidated local government will be better served by a reconstituted waste management district board that is more diverse and representative of and responsive to the populace, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law. 34. This clause does not set out any emergency. It is an innocuous conclusion that could accompany any other piece of legislation that otherwise would become law in conformity with §55, “ninety days after the adjournment of the session at which it was passed...” 35. The Act does not contain a constitutionally conforming statement of emergency, and as such, cannot become effective until 90 days after adjournment of the 2017 legislative session of the Kentucky General Assembly. COUNT II THE ACT VIOLATES THE SEPARATION OF POWERS FOUND IN KY. CONST. §27 AND §28 36. Plaintiffs incorporate by reference each and every allegation previously set forth in this Complaint as if fully set out anew. 37. Ky. Const, §27 and §28 provide that the functions of the legislature, executive and sudiciary are separate. These sections prohibit one branch of the government from encroaching on the functions of another. 38. In See, 2 of the Act the Generally Assembly subverts the authority of the mayor of a consolidated local government, by mandating that he appoint to the LMGWMD board a 2 member “submitted by the organization representing the largest amount of cities within the County which does not have statewide membership [Jefferson County League of Cities].” and, he shall appoint a member “submitted by the association representing the largest number of waste management entities operating within the county (National Waste and Recycling Association].” 39. In direct violation of the separation of powers, the Act permits two none Bovemmental entities to eppoint members to the board when the appointing authority belongs to the Plaintiff, Greg Fischer, (or the executive of every other county in Kentucky). COUNT IV INJUNCTIVE RELIEF 40. Plaintiffs incorporate by reference each and every allegation previously set forth in this Complaint as if fully set out anew. 41, Plaintiffs are entitled to further relief in the form of temporary injunction pursuant 0 CR 65.04, maintaining the siatus quo by immediately reinstating the LMGWMD Board, enjoining enactment of HB 246 and preventing any interference with the performance of the duties of the LMGWMD Board during the pendeney of this action, 42, In addition to invading the province of the executive authority of the Mayor to appoint members of the LMGWMD Board, in a section not to be codified, the Act provides: Section 6. The amendments to KRS 109.115 in Section 2 of this Act shall be applied, on the effective date of this Act, to declare vacant the offices of current board members of @ solid waste management district in a county containing a consolidated local government who were appointed under subsection (3) of Section 2 of this Act Prior its amendment in this Act, ‘The mayor of this consolidated local government shall fill the vacant positions within 90 days of the effective date of this Act in accordance with subsection (4) of Section 2 of this Act; otherwise all appointment authority shall shift to the Governor. 23 43. The Plaintiff, Robert Schindler, has suffered, or will suffer ifthe Act is allowed to Stend, immediate and irreparable harm by his ouster as the duly-appointed Chairperson of the LMGWMD Board. Simitetly, Greg Fischer, the Mayor of Louisville Metro Government has suffered, or will suffer if the Act is allowed to stand, immediate and imeparable harm by subversion of his appointing authority. Finally, the LMGWMD has suffered, ot will suffer ifthe Act is allowed to stand, immediate and irreparable harm fiom interference in the conduct of important District business, 44, Plaintiffs have no adequate remedy at law or otherwise to address these injuries, save a court in equity. 45. No prior application for a Restraining Order or an Injunction has been refused by any court. WHEREFORE, Plaintiffs demand judgment as follows: 1. That this Court issue its Order and Declaration that HB 246 is an unenforceable violation of the Kentucky Constitution; 2 That this Court issue a Temporary Injunction maintaining the status quo Pending the outcome of this litigation by immediate reinstatement of the Louisvilleslefferson County Metro Government Waste Management District Board as it existed on March 20, 2017, enjoining enforcement of HB 246 and preventing any interference with the performance of the duties of the LMGWMD Board during the pendency ofthis action; and 3. For any and all other appropriate relief to which it may appear entitled 24 Respectfully submitted, MICHAEL J. O'CONNELL, JEFFERSON COUNTY ATTORNEY Z Peter F. Ervin Assistant Jefferson County Attorney 531 Court Place, Suite 900 Louisville, KY 40202 (502) 574-6621 Peter.ervin@louisvilleky.gov VERIFICATION | Keith Hackett, Executive Director of the LouisvilleHefferson County Metro Government Waste Management District, upon being duly sworn, do hereby swear that | have read the foregoing Verified Complaint for Declaration of Rights and Temporary Injunction and the factual allegations set out herein are true and m to the best pe oye and belief, Keith Hackett COMMONWEALTH OF KENTUCKY COUNTY OF JEFFERSON 'g a) ae GQ Public, State at largh ‘ day of March, 2017, by Keith Hackett fy commission expires: A} |A|QURO 25

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