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Judge: City of Fort Smith must pay $745k in recycling lawsuit

The city took recyclable materials to the landfill from October 2014 to June 2017, but residents were not notified that their recyclables were not being recycled.

FORT SMITH, Ark. — The city of Fort Smith lost a class-action lawsuit related to recycling services, with Sebastian County Circuit Court Judge Stephen Tabor ruling Wednesday that the city owes $745,057 for not properly processing recyclable materials.

The city took recyclable materials to the landfill from October 2014 to June 2017, though residents were not notified that recyclables were not being recycled. From October 2014 to June 2016 some of the city’s recyclable material was taken to Green Source Recycling in Clarksville, though during that time 89% of the recyclable material was dumped in the landfill. The city claims the period in which recyclable materials were not properly discarded was July 1, 2015, to May 1, 2017.

A lawsuit was filed in late 2017 by Jennifer Merriott alleging the city lied for almost three years to residents about recycling efforts. The city has admitted to redirecting recycling to its landfill.

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