There's no fly ash in Cumberland Park yet, but the Concerned Citizens of Giles County have already petitioned to have the project declared a public nuisance.

More precisely, the group has petitioned Giles County Circuit Court to impanel a grand jury to investigate whether the project, which would put 254,000 cubic yards of coal ash on the banks of the New River near Narrows, constitutes a public nuisance. The group also wants the court to stop all work at Cumberland Park until that grand jury has reached a decision.

The Giles County Partnership for Excellence, the organization behind the project, has filed papers asserting that there's no basis in state or common law for what the Concerned Citizens want, so the petition should be denied.