Siloam Springs sues USA Metal

Tuesday, October 9, 2012

The city of Siloam Springs is going to court in an attempt to shut down a recycling company from operating in the city.

Thomas Kieklak, a Springdale lawyer who represents Siloam Springs, filed the lawsuit Monday in Benton County Circuit Court. The lawsuit is seeking an injunction to stop USA Metal Recycling from operating at its facility at 2109 East Kenwood St.

Tom Smith, who often speaks for the company at public metings, declined to comment on the lawsuit. He is married to the company's owner, Kendra Smith.

The complaint claims that USA Metal has operated a metal recycling facility for several years within Siloam Springs' city limits, but for the last few years the company has operated without an appropriate license. The lawsuit claims that USA Metal also is operating within an area of the city which is not zoned appropriately for the business.

According to the complaint, USA Metal has been notified of the situation on numerous occasions and the company has been issue citations for violating the city's code.

The lawsuit states that USA Metal announced in April 2012 that it would voluntarily stop operations and the city stopped issuing citations until the company was able to relocate to an area that complies with regulations.

According to the complaint, the city granted USA Metal an extension on June 18 and required that the company make any requests for an extension in writing at least 7 days prior to the deadline.

The lawsuit states that the deadline was no later than the close of business on Oct. 6.

The city denied two requests for extentisons from USA Metal but the company did not stop working at the facilty by the deadline.

The city wants the court to order USA Metal to cease operating at its current location. The city also wants the court's permission to discontinue electric service the USA Metal's facility.

The case was assigned to Circuit Judge John Scott.