Hedges Excavating agreed before the fiscal court this afternoon to dispose of the construction debris dump site in front of the Humane Society of Oldham County (HSOC) facility off Interior Way.
An attorney representing Hedges also confirmed the company has paid $750 in fines to the county, which, per an agreement with Assistant County attorney Matt Hudson, also voids an identical fine to HSOC since the dumpsite rests on their property.
“The withdrawal of appeal and payment of uncontested fine amount are not admissions by Hedges that it committed a violation of the alleged ordinances or statutes or is it an admission of the truth of the allegations or conclusions contained in the citation,” Hedges’ attorney said.
Owner Don Hedges personally assured County Judge-Executive David Voegele with “99% certainty” that he could crush and remove the material within that time frame.
Since he plans to bid out that process, Hedges said he needed a little “wiggle room.”
“I’m not Jesus, but I will say if it’s not done in 180 days, I’ll be over there with a wrecking ball myself crushing it and hauling it out. “I think there’s a 99% chance it will be done in 180 days and hopefully less….I just need 1% of wiggle room, that’s all,” he said.
Failure to the remove the pile within 180 days will result in further fines, according to Planning Director Jim Urban.
Hedges LLC. remains embroiled in a lawsuit with HSOC in Circuit Court regarding the dumpsite.
HSOC was denied a temporary injunction by Circuit Court Judge Jerry Crosby Sept. 14 that would have required Hedges Excavation to remove a large pile of courthouse construction debris on an easement in front of its new La Grange facility.
In that decision, he deemed HSOC failed to demonstrate “immediate and irreparable injury,” as a result of the dumpsite.
Crosby also entered an order requiring both parties to take discovery and enter mediation in an attempt to resolve the lawsuit.
The debris quarrel dates back to at least fall 2021, when the Kentucky Division of Waste Management issued a notice of violation to the La Grange business for dumping debris from the Oldham County Courthouse on easement owned by HSOC.
The Division of Waste Management mandated at the time that all construction debris be removed from the site and disposed of in a permitted facility. It also said the area “must be reseeded and look like it was before debris was brought in,” according to the violation document.