By Jon King / jking@whmi.com


A lawsuit filed by a recycling company against the City of Howell has been withdrawn.

According to a release from the city, Padnos Howell Inc., a metal recycling company, has agreed to dismiss its appeal filed in Livingston County Circuit Court against the City of Howell regarding its recycling operation at 645 Lucy Road. The suit was filed after the city’s Board of Zoning Appeals denied two variances, one of which would have allowed the company to operate an open-air metal shredder, as opposed to placing it inside an enclosure.

The Howell Planning Commission had previously approved the plans for the operation, including the shredder, subject to the approval of the variances by the Board of Zoning Appeals.

The city’s release states that, “After much deliberation Padnos has chosen to comply with City ordinances and dismiss the appeal." Agreed to by a unanimous City Council vote during an executive session at Monday night’s meeting, "the settlement ensures no further cost to the City and its residents.” The decision means Padnos will enclose the metal shredder in a building and pave the site with ordinance approved materials. “Enforcing compliance with these regulations will ensure environmental quality and noise reduction of the site’s operations. Since the appeal, the Michigan Department of Environment, Great Lakes and Energy (EGLE) has approved an application for the air quality permit in Padnos’ favor.”

John Boris, President of the Board of Directors at Recycle Livingston says, “We are pleased that an amicable agreement has been reached between the City and Padnos. Padnos is an important outlet for our metal collection and recycling.”

The city says the settlement includes “extensive regulations to ensure and protect air quality, and Padnos will have more rigorous state enforcement than any metal recycler in the state." Howell City Council, “feels this is a victory for the community in ensuring compliance with city regulations. While metallic recycling is a crucial part of environmental stewardship, City Council believes that it’s important to do it right, and strictly control the process, thereby protecting the environment.”