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Franklin County approves $210,000 settlement, transfers title to resolve long-running landfill litigation
Summary
The commission approved Resolution 3-052518 to settle longstanding litigation with Wm. F. Yarbrough, Inc. for $210,000, require deed transfers of specified tracts to the county, and authorize the mayor to execute the settlement; the vote was 12–0.
The Franklin County Board of Commissioners voted unanimously May 25 to approve a settlement and payment related to two lawsuits between the county and Wm. F. Yarbrough, Inc. The motion to adopt Resolution 3-052518 was offered by Commissioner Chuck Stines and seconded by Carolyn Wiseman; the vote was recorded as 12–0 in favor.
Resolution 3-052518 and its attached Settlement Agreement address two civil actions filed in 1996: the Yarbrough complaint (Civil Action No. 9687-CIV) and the County’s condemnation proceeding (Civil Action No. 9980-CIV). Under the settlement the county will pay Yarbrough $210,000 in addition to sums previously paid and deposited with the court. The agreement requires Yarbrough to file a dismissal with prejudice in the Yarbrough Complaint and for both parties to file agreed orders and deeds to vest title to the landfill property in the county. The settlement also records that Yarbrough has already received $235,680 in the condemnation proceeding and that amount is considered complete and adequate compensation for the property at issue.
Key terms in the Settlement Agreement: Yarbrough will deed the three tracts described in the condemnation exhibits to Franklin County and will retain only a non-exclusive right to use a 2.68-acre parcel (Exhibit C) for access to adjacent property. The county mayor, Richard Stewart, is authorized to execute the Settlement Agreement and to pay the settlement amount from the Franklin County general fund; the contract directs that payment be mailed to the named recipient and counsel. The agreement contains broad mutual releases and specifies that disputes over the settlement will be heard in the Circuit Court of Franklin County with fee-shifting for the prevailing party.
The minutes and attached exhibits document the settlement terms; the transcript does not record further debate, dissenting votes or public comment on the agreement during this short session.
