Wednesday, May 8, 2024–9:07 p.m.
-Adam Carey, Rome News-Tribune-
This story is possible because of a news-sharing agreement with the Rome News-Tribune. More information can be found at northwestgeorgianews.com
A federal judge ordered operations at Bordeau Metals to cease immediately pending the outcome of a lawsuit, according to an order filed Tuesday.
The issue is noise. Nearby residents filed a lawsuit on April 23 after what they characterize as repeated, and sometimes deafening, noise coming from the metal recycling facility.
Bordeau had originally purchased the property at 91 Enterprise Drive in 2022 from the Development Authority of Floyd County just to recycle metals from Georgia Power’s Plant Hammond.
“(All parties) agreed that this property would be suitable for recycling metals from a nearby decommissioned power plant. However, the vision that was ironed out for the property has since been scrapped,” U.S. District Court Judge William M. Ray II wrote in his order. “Today, the defendants use the property to purchase and recycle metals from anyone willing to sell them, and the plaintiffs, who reside in the neighboring subdivision live in perpetual discomfort from the sounds of clashing metal next to their homes.”
https://fa206f2587bffe4adde624b56d85bf49.safeframe.googlesyndication.com/safeframe/1-0-40/html/container.html Judge Ray’s order was issued in response to a request for an injunction by local attorneys John Husser and Robert Finnell after continuing noise complaints — including on Easter Sunday — by residents of The Trail subdivision, which borders the Bordeau property.
In his order, the judge gave several examples from the testimony of the residents detailing how they were harmed due to the recycling operations.
“Plaintiffs Keith Holmes, Glenda Morris and Terry Clift specifically testified that they lose sleep because of the noises produced by the defendants, which usually occur Monday through Saturday and begin as early as 6:30 a.m. and continue until between 5 p.m. and 7 p.m.”
Another example is Teresa Campbell, who testified that her son Eric, who has muscular dystrophy and relies on a wheelchair, used to enjoy reading and playing with his dog outdoors “but now he mostly stays in his room because the noises outside of their home bother him.”
Bordeau Metals CEO Brad Bordeau testified in April that he invested approximately $6 million in the site which he personally guaranteed. The consequences of shutting down the site would be devastating to him professionally and cause him to file for bankruptcy, he told the judge.
However, Judge Ray noted that much of that investment was for equipment that could be moved to recycle metal at another location.
The judge additionally waived a bond requirement from the injunction.
Typically, parties seeking a preliminary injunction must post a bond, essentially a security deposit, to cover potential costs or damages that a business could sustain while shut down. The bond would only be paid to the business if that business was successful in its lawsuit.
Judge Ray waived the bond requirement in the order Tuesday, writing “the court finds that no bond is required given the plaintiff’s high probability of success on the merits.”
