Update: Judge Bans Garbage Site In Sunrise


Broward Circuit Judge John Bowman today blocked the construction of a garbage transfer station in Sunrise.

Bowman granted the city a directed verdict, awarding them the victory.

Green Now, the firm that wanted to build the transfer station opposed by a majority of the Sunrise commission and many residents, was told by Bowman that it did not exhaust its administrative options before filing a lawsuit, according to a Sunrise commissioner.

Sunrise Mayor Mike Ryan applauded the ruling. A lawyer, Ryan had opposed the transfer station from the start.

“We defended this lawsuit vigorously and never felt it had merit. Rather than following the established procedure of filing an application with the city, Green Now chose to pursue a political route,” the mayor said. “When that failed, they sued the city. Our code does not permit this use, and the voters spoke loudly we do not want such uses in our city. The court ruled in favor of the city on every ground possible.”

Commissioner Sheila Alu, also a lawyer, was another opponent of the project.

“I couldn’t be more ecstatic with the court’s decision,” she said.

The Sun-Sentinel said that Richard Coker, attorney for Green Now, told them his clients planned to appeal.

(An earlier version of this story is below)


By Buddy Nevins

The nasty issue of a proposed waste transfer site is back…this time in front of a judge.

The waste company Green Now will ask a Broward Circuit Judge John Bowman Monday for permission to build a waste recycling transfer station.


Judge John Bowman Will Decide Case (source: Jaablog.com)

The commission blocked the company’s plans almost two years ago after neighborhood residents protested.

“We ran into a buzz saw,” said Richard Coker, the veteran Broward lawyer representing Green Now.

The controversy was hightened when Browardbeat.com revealed that Commissioner Don Rosen’s consulting company did business with a waste company allied with Green Now.  Rosen wouldn’t tell Browardbeat.com what the consulting consisted of.

When the commissioners blocked the station, Green Now sued.  It has taken almost two years for the case to get to Monday’s bench trial.

 Green Now’s Goal

Green Now wants Judge Bowman to declare that a garbage transfer station is legal under Sunrise’s zoning code.

Commissioners said the transfer station was not allowed under Sunrise’s code when they voted it down.  They since have passed a law requiring a referendum before any new garbage facility is allowed in Sunrise.

The Green Now plant would be built on approximately two acres in Sunrise’s industrial area.

It would be a transfer station where commercial waste was sorted for recycled materials.  Any dry cardboard, paper, metal and glass would be carted away for recycling, while what remained would be carried to another location for disposal.

Nothing would remain in the largely-sealed building overnight, Coker promised

Even if Bowman rules against the city– in a bench trial the judge decides because there is no jury — residents will have another shot at stopping the project.  It must return to the Sunrise City Commission for site approval.

Resident David Iannacone said he will be there to help keep the station out of Sunrise.

“It will be like two years ago…” Iannacone predicted.

Iannacone said he was not a neighbor of the project. He is a a contractor and a Planning and Zoning Board member and that’s why he opposes the project, he said.

The reason?

“I don’t think its good for the city,” said Iannacone, a member of the Sunrise Chamber of Commerce.

29 Responses to “Update: Judge Bans Garbage Site In Sunrise”

  1. Sam the Sham says:

    People chase profitable business away from their community and then wonder why there are not more jobs out there. Two acres in the industrial area, does anyone know how far this is from any residential areas?

  2. Concerned Sunrise Mom says:

    What? We vote to never ever let one of these in our city and some judge could ignore the voters? They wanted to put garbage trucks 24 hours a day, running by businesses and schools, and this is good for the community? Then, when they got caught, they changed the plan to recycling. Absurd and the business plan made no sense. smelly garbage on our streets and hundreds trucks. No way! We are going be coming out again and we will not give up! Where is the trial?

    FROM BUDDY: It’s scheduled for 10 A. M. Monday at the courthouse.

  3. Disgusted says:

    Another example of garbage bringing garbage. This issue cost Wishner his job. Why won’t Rosen answer the questions?

  4. NoseBleedSeats says:

    Broward County doesn’t need anymore solid waste transfer stations…this negatively impacts Sunrise and Tamarac. Bergeron wants to build one in Pines, Jim Feely wants one in Sunrise, why not on the Beach in Ft. Lauderdale if it’s really no big deal?

  5. Taxpayer says:

    What will it take to make every residential and commercial customer recycle? If a property got a reduced trash bill based on their recycling would they do it? We have homes with no recycle containers next to the trash bins.
    Until every city deals with this there will be battles for trash transfer stations.
    Should we triple the trash pickup fees and allow a credit for recycling to get compliance? Everything needs a scan label just like FedEx.
    Buddy you have the Forum if you want to start a poll……….

  6. Coach Sandusky says:

    Judge Bowman is my kinda Judge. Helping troubled youths, taking them in his home to adopting them all to have ugly false rumors spread about them later.

    Godspeed Judge Bowman.

  7. Real Deal says:

    Here is an example of where Buddy Nevins is totally and completely full of shit. He lives in Sunrise and has always written negatively about the transfer station there as is his right.

    However he then presumes to preach from the pulpet of protecting public property rights to the people of persecuted Pembroke Pines(alliteration added to lend the obvious a little extra zip).

    It is the most duplicitous twist of reason he’s ever allowed to soil his column and causes to me to conclude that Buddy’s policy headset seems to depend on where he locates his hindset.

    I don’t live in Sunrise. I have never lived in Sunrise.

    The difference between the two issues:

    This is a garbage transfer station where there is a question if it is allowed under Sunrise’s code. There is also the issue of a commissioner’s consulting company working for a subsidiary of the garbage company. This deal is questionable and was knocked down as soon as it was proposed.

    The Southwest Ranches Detention Center is allowed under the code. No one questioned it for years. And by canceling the contract to service that property with utilities and fire protection, Pembroke Pines has cost the taxpayers a revenue stream of millions and risks millions more in a legal damages.

    Let me make it clear that I wouldn’t want to live near either facility.

  8. Ghost of John Wayne Gacy says:

    To the supposed “Coach Sandusky” – your comments are reprehensible to compare Judge Bowman to the real Coach Sandusky.

    I’ve heard nothing but good things about Judge Bowman. I hear Judge Bownman is a gentle man who loves children, and painting pictures of clowns, and digging in his backyard.

  9. Las Olas Lawyer says:

    Raw Deal@All these NIBY issues start to surface when an area gets more densely populated. If someone chooses to live in a city, they must be prepared to endure all the services that an urban area requires. This includes prisons, noisy fire stations, smelly sewer and garbage facilities. There is no way around it. From what I gather, both the detention center and the garbage transfer station were in industrial zones. Those are the areas that should have these noxious uses. If someone wants to live a pure life away from any noxious land uses, move to Wyoming.

  10. Just the Facts says:

    Let’s not lose focus by attacking the judge or bringing in the prison. When I moved to Sunrise 15 years ago the infrastructure of the city was well established and already built out. I wasn’t moving into some new suburban development so don’t give me the urban living crap. To have 80-100 trash trucks coming within a mile of where I live every day is crazy. ESPECIALLY WHEN IT ISN’T SUNRISE TRASH!!!
    This back room trash deal started out stinking(pun intended) & got progressively worse. I know everyone has short term memory, but 2 years wasn’t that long ago. Read below for a little refresher!!!







  11. Concerned Sunrise Mom says:

    This is not proposed for an Industrial area with noxious odors. It is proposed to be next door to businesses, with hundreds of garbage trucks traveling the streets of Tamarac and Sunrise from all over this county.  This is not about GREEN recycling efforts. Tamarac and Sunrise already have successful recycling programs. This is about GREEN garbage dollars.  We came out and said no. We voted at the polls no. We meant no.

  12. Real Deal says:

    Pines is not arguing about the code, they are questioning what legal responsibility they have provide a business they object to with water and sewer service when that business is located outside their city boundary. You don’t seem to follow their argument in that situation.

  13. Taxpayer says:

    to the comment by Las Olas Lawyer-

    If someone chooses to live in a city, they must be prepared to endure all the services that an urban area requires.

    Thats why there are city planners!
    Maybe increased densities and intensive development is not the goal of some cities or bedroom communities. I don’t see a trash transfer center in FtLdle, but I do see developers and their attorneys pressing for PUDs and zoning variances in FtLdle. Highest and best use in city limits doesn’t support your ‘industrial uses’ mixed in with high end condos unless you live in Houston. The location of the jail on the river in the early ’80’s may have made sense to some myopic decision makers/next to a courthouse but was soon regretted and has been for the last 25 years as some other geniuses strive to make downtown a vibrant lifestyle center. Shoehorning a county courthouse in that block will be hilarious to watch, which is why they have yet to get a started.

  14. Here we go again says:

    Regardless if Bowman decides the Garbage/Recycling Center is legal— Rosen, the ghost of Wishner and Green Now should fully understand, the residents of the City of Sunrise do not want the facility!

    Rosen will lose his re-election due to this issue alone if he doesn’t publicly denounce the new efforts of green now and Coker.

    This seems like a play out of the Lomello play book…Stay tuned and follow the money if this one makes it’s way back to the Sunrise City Hall.

  15. Real Deal says:

    Denying a transfer station will likewise cost Sunrise millions in lost revenues. The situations are very similar. Each city is questioning what the law allows as to uses they don’t want. You support Sunrise for questioning one set of laws but condemn Pines for questioning another set of laws. It is essentially the same issue.

  16. concernedcitizen says:

    I have been a resident of the city of Sunrise for over 25 years and am very much opposed to the transfer station. I would like to know what kind of consulting Rosen did for them.

  17. Taxpayer says:

    Well said Real Deal on the duplicity.

    Will be interesting to see how many citizens/voters in Sunrise pay attention and demand accountability at next city comm mtg.

  18. Here we go again says:

    Response to real deal re millions: “You are not well informed. The same argument was raised two years ago and debunked. This garbage creates virtually no jobs and no benefit for the city or residents. It is about benefiting the owners at expense of community.

  19. sidelines says:

    Buddy your blog works and this confirms some in elected office/government jobs read it!!

    The Margate vice mayor accused of using his city credit card for personal use handed it in to city officials last week. From S-S print today –

    Vice Mayor David McLean, in office since 2004, was accused by a city activist and political blogger of misusing his credit card from April 2008 to July 2011.

  20. Real Deal says:

    Fees involved with transfer stations are very profitable for cities. With today’s technology there are no negative environmental impacts, in fact transfer stations are the greenest technology. Whether people like the idea or not more transfer stations are needed in our community to process the huge amount of trash we produce and keep competition stiff for pricing in the waste business. It is a necessity.

  21. The rest of the story says:

    Rosen continues to consult with Ace Waste even thou they are he same owners of Green Now. Who are suing the city!

  22. Here we go again says:

    Response to real deal: You must work for Ace Waste because the idea that the city would make money, is wrong.  There is nothing green about hundreds of solid waste trucks driving though tamarac and sunrise. Why don’t you tell us your real name?  Necessity is fighting against this crazy business, next door to schools, business, and homes

  23. Real Deal says:

    Here we go: If you want to say that you don’t want garbage trucks going up your street, that is one argument and a strong one. If you have a problem with a specific waste company and can express that concern, that’s another argument. If your city already has an arrangement to handle their waste without any additional need for facilities, that is yet another argument.

    But to suggest that the use of transfer stations is not part of green technology is dead wrong. The exact opposite is true. Further the suggestion that a transfer station will not bring Sunrise additional revenues is untrue. Stop saying that because it’s wrong. It will bring substantial new revenue to Sunrise. Perhaps you don’t want that revenue, that’s another argument. But let’s not lie about the thing. Argue it on the merits.

  24. local says:

    @Just the Facts says:
    wow, thanks for the reminders of Alu and her hippocratic rants! Yes, she opposed All Service but she forgot to inform that Waste rebuilt her a new kitchen..hummmmmm
    so how does that work again Alu? whats good for the goose is good for the gander and whose goose is gonna get hers cooked one day?

  25. Commissioner Alu says:


    Where do you get these people? Yes, there’s a completely beautiful kitchen in my old house. I know because the new homeowners showed it to me after THEY put it in.

  26. sidelines says:

    more proof Buddy’s blog is well read!

  27. no prince charming says:

    To Buddy where do you get “these people” Alu. The same places you go to eat meat and drink vodka Alu. The same city you reside in Alu. Thats why we know what we do about you Alu. So tragic that you have to lie about everything Alu. Karma’s a “@#$%” like you.

  28. John Fusaro says:

    Commissioner Rosen trash campaign contributions
    Waste management -$500.00 7/7/2008
    Wheelabrator – $500.00 8/21/2008
    All Service Refuse – $500.00 9/18/2008
    Republican Service Inc. – $500.00 – 9/18/2008
    Waste Systems Inc. – $500.00 – 9/18/2008
    Ace waste Service – $500.00 – 9/29/2008
    United Waste Service – $500.00 -11/17/2008
    Republic Service of North Carolina -$500.00 – 11/17/2008
    Lawson Sanitation – $500.00 – 12/4/2008
    James Feeley – $500.00 – 12/4/2008
    Kim Feeley – $500.00 – 12/4/2008

  29. Fed up with corruption says:

    Now that Green Now lost in court do you think they will ask Rosen & Wishner for their money back to cover their attorney’s fees?