A scrap metal processor has filed a lawsuit claiming the Birmingham City Council denied its license to operate for "purely political reasons."

Jordan Industrial Services filed an emergency petition for writ of mandamus in Jefferson County Circuit Court earlier this month to compel the members of the city council to "perform their legal obligation" to issue a scrap metal processor's license to Jordan.

The council denied the license at its regular meeting on March 20, saying a new operation on Finley Boulevard would be nuisance and pose a health risk to residents.

"Why are these facilities always found in black communities?" Councilor John Hilliard asked at the council meeting. "I don't believe this is the right place. Don't bring it to our community. I couldn't ride through Hoover, Mountain Brook or Vestavia and find a facility like this. It's unfair we have this in our community. I believe in economic development but not at the cost of residents livelihood."

Several residents of the Acipco-Finley neighborhood spoke out against the scrap metal processor, which has been operating in the Avondale area for decades.

North Birmingham communities have been ravaged by pollution for more than 100 years due to heavy industry and rail lines. Last year, the city downgraded the zoning of some heavy industrial property in these communities to light industrial and residential. The zoning of the subject property on Finley Boulevard wasn't downgraded.

Jordan Industrial Services is seeking a license to operate at 125 Finley Blvd. at the former site of Kimerling Truck Parts, which was a junkyard. The company has operated a scarp processing facility in Avondale for decades.

Scrap metal processing is an allowed use of the Finley Boulevard property's current M-2, heavy industrial zoning.

"The city's denial of Jordan's license presents a business emergency for Jordan, which has already invested an enormous sum in purchasing and cleaning up the property at issue," the lawsuit states.

No hearing has been set in the case yet.

Council President Valerie Abbott and a public information officer for the council didn't immediately respond to a request for comment.

According to the lawsuit, Jordan "made a substantial investment" in preparing and conducting a "massive cleanup" of the 12.8-acre Finley Boulevard site. This cleanup included hauling away 35,000 tires and 12,000 tons of non-recyclable trash.

Jordan Industrial Services said its plans for the property include scrap metal processing/storage, an office and machine shop and a trucking terminal with truck/trailer parking.

In its lawsuit, Jordan Industrial Services said it met all of the applicable requirements for a scrap metal processor's license for the Finley Boulevard property. Birmingham police, Fire and Rescue, Birmingham Department of Planning, Engineering and Permits and Jefferson County Health Department signed off on the license.

In a letter addressed to the Birmingham City Clerk, the Environmental Health Services division of the Jefferson County Department of Health found no public health violations against Jordan Industrial during a site inspection on May 10, 2017.

The materials at the scrap metal processor "are to be stored outside but will be processed on a schedule that should not present a public health nuisance," the letter stated.

The health department said it considers all scrap dealers as potential mosquito and rodent breeding sites, and it advised any government body reviewing the application to "determine appropriate pest control measures."

The Birmingham Police Department said Jordan Industrial Services has met the requirements for its license and is in compliance with all state and local laws.

"Facility is clean and organized," a memo from the department stated. "A new privacy fence has been put up around the property."

The Birmingham Fire Marshal's Office also recommended approval of the license indicating Jordan Industrial Services has "undergone a major clean-up operation" from the previous owner.

Materials to be processed by Jordan Industrial will be contracted out from steel mill facilities such as ACIPCO, Nucor Steel and Southland Tube. No materials would be accepted from the public.

According to the applicant, no burning or melting of scrap will occur, only the cutting up of scrap with the use of welding-type torches.

Jordan Industrial plans to hire 60 workers, he said, and preference would go to residents of Acipco-Finley and North Birmingham.