Smith complaint alleges trespass

Friday, May 9, 2008

Former Marshall County Commission Chairman Sam Smith has complained in Chancery Court, alleging trespassing by an environmental consultant and the Tri-County Environ-mental Association's attorney, according to court records.

The former commissioner has sold a purchase option to Waste Management Inc. for nearly 300 acres that would become part of a landfill just northwest of where Pulaski Highway crosses Richland Creek in Cornersville. That's where the trespass is alleged to have occurred.

Smith had considered swearing out arrest warrants against Nashville-based attorney Elizabeth Murphy and consultant Barry Sulkin, but decided against pursuing that option, Circuit Court Clerk Elinor Brandon Foster said Monday afternoon.

Instead, Smith's civil petition to Chancellor J.B. Cox asks for a restraining order to keep the lawyer and environmentalist from disseminating information, documents or photographs purportedly generated as a result of the alleged trespass until a court hearing can be held.

Civil court records indicate Smith is concerned that Murphy and Sulkin may have obtained something that could be used to oppose the landfill.

If Murphy and Sulkin found anything, Smith's court filing says he believes they would "try to use unverifiable, bogus or 'trumped up' results to cast an unfavorable light upon the proposed landfill site to inflame the public or cause the Marshall County Commission to deny its use." . . .Pick up a copy of today's edition May 9th of the Marshall County Tribune for full coverage.