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mony concerning the safety of sludge, newspaper articles on the issue and other case law including ;ases heard by the U.S. Supreme Court.
At last Wednesday’s hearing, which lasted one and a half hours, they presented final arguments and the judge asked them questions. County Administrator John McCarthy said it was obvious from his questions that Judge Crigler had read the materials presented by both sides carefully and researched :he cases presented for his considerition.
Mr. Luke 'said once the judge bund that the safety issue was debatable “the county was going to vin.” He said the plaintiffs “conceded it was debatable, but they vere saying it wasn’t debatable ■nough. The judge said it was ■learly debatable.” As long as the islue of the safety of the land applieaion of sludge is debatable, he said, he county had the right to enact the >an and “it was not a violation of eiher constitutional provision.” j
Mr, Walters said, “We’re very lappy with the court’s ruling, rhere’s strong case law for what the ourt did. When a Federal court is isked to second guess a locality on a afety issue, their power is limited.”
He said he expects to prevail on ppeal and the appeal will not open he entire case again.
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