Wednesday, February 02, 2011

Waste haulers owed damages by St. Louis County, judge rules

EVAN YOUNG - Staff Reporter, Call Newspaper
 http://www.callnewspapers.com/Articles-i-2011-02-02-250490.112112-Waste-haulers-owed-damages-by-St-Louis-County-judge-rules.html

A St. Louis County Circuit Court judge last week set the parameters for damages she ruled are owed three waste haulers that sued the county over its trash-district program.

Judge Barbara Wallace ruled in September the county breached an implied contract with haulers when it neglected to give them two years' notice - as required by state law - that it was establishing eight trash districts in unincorporated areas.

On Jan. 25, Wallace ruled the three haulers that sued the county in 2008 are entitled to damages. (Click on photo of Judge Wallace to enlarge)

"The county's action resulted in a finite loss to plaintiffs of 40,000 customers for the statutory two-year notice period," she wrote in an opinion. "By enforcing the exclusivity of its trash hauling districts, the county has effectively prevented plaintiffs from even the possibility of regaining those lost customers in that two-year period."

American Eagle Waste Industries, Meridian Waste Services and Waste Management of Missouri sued the county in May 2008 after they did not win contracts to serve the trash districts exclusively. They are prohibited from offering service to district residents.

Trash-collection services cannot begin until at least two years after the date of notification, according to the statute, which was modified by the General Assembly in 2007 to include the county. The County Council approved legislation in December 2006 calling for the future establishment of trash districts. Eight districts were implemented by Oct. 1, 2008.

Contracts were awarded to Allied Waste, IESI and Veolia Environmental Services. Veolia last fall pulled its operations from the St. Louis region and transferred its trash district contracts to Allied.

Wallace ruled last week the two-year notice period for determining damages owed the three haulers began when the trash district contracts became effective in April and June 2008.

A trial to determine the amount of damages owed the haulers has been moved from Feb. 24 to May 31 at the request of St. Louis County.

7 comments:

  1. Anonymous9:08 AM

    Gary Earls and Pat Redington should be fired.

    They are directly responsible for breaking Missouri State Law.

    Someone needs to step up and take responsibility, and it won't be Charlie or the Council, so, see ya Gary and Pat.

    ReplyDelete
  2. Anonymous9:09 AM

    When connecting the dots, don't forget to include John Temporiti. He was a paid consultant for Allied Waste as well as a political consultant for Dooley at the time.

    ReplyDelete
  3. Anonymous5:09 PM

    Justice delayed is justice denied, get this thing finished. What kind of lame excuse did The People’s Republic of St. Louis County use for the latest delay? Hopefully indictments will be handed down before the new trial date.

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  4. Anonymous5:11 PM

    To all the lawyers involved for the good guys, can’t the Federal judge’s ruling that people can’t be forced to buy health insurance be applied to this case?

    ReplyDelete
  5. Anonymous10:58 AM

    Dooley and Redington are just puppets. Temporiti is pulling the strings. The county council doesn’t have the guts to oppose them.

    ReplyDelete
  6. Anonymous6:37 AM

    When you start peeling the onion, and pull back the layers of influence in St. Louis County, you quickly find out, that the most powerful person in St. Louis County, as well as the State, is not Charlie Dooley.

    John Temporiti is at the helm of the brokerage of power and influence in the States wealthiest and most political steadfast regions in Missouri.

    ReplyDelete
  7. Anonymous2:11 PM

    A trial to determine the amount of damages owed the haulers has been moved from Feb. 24 to May 31 at the request of St. Louis County.

    This delay now allows enough time for the New Waste District bids to be rebid and awarded.

    Does anyone smell more manipulation?

    ReplyDelete