A State Supreme Court judge on Friday upheld a previous ruling temporarily prohibiting Go-Green Sanitation, which has been locked in a legal battle with the town for the past several years, from doing business in Southold.
The decision by Judge Paul Baisley Jr. lets stand the July 5 temporary restraining order (TRO) issued against Go-Green by Justice Denise Molia. The town sought the TRO as part of its continuing litigation against Go-Green over the claim that the company routinely violates the town code requirement that all household trash left out at the curb for pickup must be placed in special yellow bags issued by the town.
The town says the proceeds from yellow bag sales funds the operation of Southold’s waste transfer and recycling facility in Cutchogue.
In a letter Go-Green sent to its customers Thursday afternoon the company said that if the TRO was lifted trash pickups would resume this weekend.
The company has yet to develop a response to Friday’s decision, said Ron Fisher, speaking for his brother, Frank Fisher of Flanders, who owns the company.
Town Attorney Martin Finnegan said the town will continue its court case seeking a permanent injunction against Go-Green.
“The law is the law,” he said of the yellow bag requirement. “All carters have to live by it.”
See prior Go-Green coverage:
TRASH BEING LEFT AT CURB, JULY 12, 2012
GO-GREEN SANITATION CONCEDES APRIL 2011