Recycler Sues to Remain Open

New Way Recycling, a busy recycling facility in Pasadena, Calif., filed a lawsuit Jan. 23rd challenging the city's decision to revoke its permit and force it to close.

New Way Recycling has been fighting city officials for months over a decision to rescind its permit last July, due to complaints about noise, odors and obnoxious patrons.

The decision included an order to cease operations by Dec. 9, which the center has defied while waiting for the city to provide the administrative record.

The lawsuit alleges in part the city of "Pasadena acted in an arbitrary and capricious manner in that the decision was based on an improper motive of discrimination against low-income and homeless individuals."

"We did not violate the zoning and we did not rise to the level of public nuisance," said Joseph Massey, representative for New Way. "This has been going on for over a year. We tried to work with the city and they left us no choice."

Massey said the lawsuit was filed to protect the statute of limitations, because the city still has not provided a portion of the administrative record to New Way.