Suit in St. Louis Circuit Court against Fred Weber Inc. settles

After Fred Weber Inc. slapped trash-transfer opponent Thomas Diehl with a defamation lawsuit for referring to the company as "trash terrorists," the South County man struck back with a lawsuit of his own for malicious prosecution.

On Monday the two parties settled their differences after six years of litigation that went up to the Missouri Court of Appeals in St. Louis. The confidential settlement came on what was to have been the first day of trial after the lawsuit was bounced back to St. Louis Circuit Court.

After the appellate court reinstated the Diehls' lawsuit, their lawyer, Michael Quinlan, said, "My clients have always been very, very concerned to make sure that the truth be told."

 "The court said we think the evidence would support ... that this whole thing was an intimidation ploy," Quinlan, of the Quinlan Law Firm in St. Louis, said at the time.

Quinlan and co-counsel John G. Simon, of the Simon Law Firm, declined to comment this week, citing the confidential nature of the settlement. Defense attorney Winthrop B. Reed III, of Lewis, Rice & Fingersh, also declined to comment.
Fred Weber filed a lawsuit against Diehl after Diehl handed out fliers at a December 2003 public hearing urging Oakville residents to contact county officials to oppose the trash-transfer station. The flier, written in all capital letters, was titled "STOP FRED WEBER INC." and subtitled "THREE THINGS YOU CAN DO TO FIGHT THE TRASH TERRORISTS."

It told area residents to write to their county officials, consider using trash firms that don't use Fred Weber's landfill and contribute money to the fight against the trash-transfer station.

Residents Continue Various Trash Law Suits

An effort to squelch a case involving "trash talk" has been refused by Missouri's highest court.

While a 2003 lawsuit has long been dismissed, Tom and Barb Diehl's countersuit against that Company, Fred Weber Incorporated, is still alive.

The company claimed it's reputation was damaged by a flier produced by unnamed opponents that called Fred Weber "trash terrorists". Fred Weber sued the Diehls, who claim they incurred great legal expense -- and medical expense from the stress of being sued for millions of dollars.

A circuit court had dismissed the case, but an appellate panel ruled the Diehls should have their day in court. The Missouri Supreme Court Tuesday denied Fred Weber's request to reconsider the appellate decision.

That now clears the way for the countersuit by the Diehls against Fred Weber to go back to the circuit court.
Councilmen voted 6-1 to give initial approval to legislation that calls for a referendum on the Aug. 3 county ballot to decide the issue. Seventh District Councilman Greg Quinn, R-Ballwin, was opposed.

While the County Council last week perfected a bill that would give county voters the opportunity in August to decide whether their tax assessor should be elected, they continue to ignore repeated requests to put the county trash program to a vote.

Did County Attorney Violate Open Government Laws?

An appellate court will decide whether County Counselor Patricia Redington violated any open-government laws when she settled a lawsuit with Fred Weber Inc. That suit sought to prevent the construction of a trash-transfer station in Oakville.

While the Missouri Department of Natural Resources in July approved Weber's application for a permit to build the trash-transfer station at 5219 Baumgartner Road, a St. Louis County Circuit Court judge granted summary judgment in favor of Weber last October to construct and operate the station.

As a result, Redington then entered into a settlement agreement with Weber to drop all of the county's litigation to stop the facility.The County Council originally had voted 7-0 in 2004 to halt the station's construction due to concerns from the county Department of Health.

In 2005, the Eastern District of the Missouri Court of Appeals ruled that the county used faulty logic in denying Weber's request for the Oakville trash-transfer station. After Weber petitioned for the station, the County Council adopted an ordinance prohibiting trash-transfer stations within 1,000 feet of churches, residences, schools, child-care centers, nursery schools or nursing homes. Weber's site for the transfer station on Baumgartner Road is within 1,000 feet of Canaan Baptist Church.

Sixth District County Councilman John Campisi, R-south county, also filed an after-trial motion last November to stop the settlement agreement by contending that Redington does not have the authority to settle without County Council approval.Campisi's after-trial motion also alleges that Redington violated the Missouri Open Meetings and Records Law — also known as the Sunshine Law — by not making the settlement agreement public and not informing the County Council of it. Redington disputed claims from Campisi's attorney, Kirk Stange, that she has no authority to settle cases and pointed out that the County Charter allows the county counselor to settle without County Council approval.

More information is available at: http://tinyurl.com/4susdz

Rally for Citizens Against Trashy Government Draws Large Crowd

Upwards to 500 people packed a ballroom at the Holiday Inn in South County on Tuesday evening to get a first hand update on the Weber Trash Station and St. Louis County’s trash collection program. The rally was sponsored by “Citizens Against Trashy Government,” a non-profit organization fighting for open government and consent of the governed.

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The group wants to stop the “trash district monopoly.” Citizens against Trashy Government has been organized to stop the County’s pursuit of a trash districting plan and to challenge the settlement by the county attorney of the Weber Trash Transfer case.

The group says that even with the defeat of the latest amendments to the Solid Waste Ordinance, the county administration continues to push forward with a districting plan that will force residents to accept a county appointed trash hauler. No competition means no choice. No choice means higher prices.

After public hearings, rejections by the County Health Department and a unanimous County Council, the county attorney in private dealings, without the neighboring citizens or the County Council, secretly signed away the county’s right to appeal an adverse court judgment on a South County Trash Transfer station.

The group says it is time to fight back against a county government that refuses to listen to citizens. Also attending the rally were Greg Porter with Paddock Forest Subdivision in North County and Tony Niskanen, president of Make Your Opinion Count, LLC, a non-partisan political action organization, and Bill Rogers, publisher of SubdivisionTrustees.com website.

Speakers presenting their views included attorney Jerry Wamser, Representative Jim Lembke, County Council member John Campisi and attorney Les Stuckmeyer. Their presentations were often interrupted by applause.

Information is available from:

Citizens Against Trashy Government
P.O. Box 270623
St. Louis, MO 63127



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Citizens Against Trashy Government To Fight For Open Government & Consent of The Governed In Country Trash Policy

Denouncing secrecy and arrogant decision-making by the St. Louis County Government on two major issues involving trash, some county citizens have organized "Citizens Against Trashy Government" to fight back.

The targets of the group are two recent decisions of the county on trash policy:

1. A new plan for trash districts having one hauler imposed on each of 8 large districts countywide, and . . .

2. The secret settlement made by the county attorney to block any challenge to a giant trash collection site in South County when the county had previously held the proposal to be "a menace to public health."

Co-Chairs, Tom Diehl and Mike Becker stated: "When it comes to trash policy, the county government is starting to look like an old-time, big city machine. It is trying to impose a monopoly trash system countywide that the citizens don't want to squeeze out competition and give the controlling politicians a patronage windfall.

The result will inevitably be higher prices for trash service to everyone through fewer competitors and higher taxes for all county taxpayers. At a time when the county government is talking about tax increases, they are planning to spend $400,000 in the first year alone on a program that is about as well organized as lifeboat drills on the Titanic."

Regarding the settlement of the Weber trash collection site lawsuit, they stated: "It is an incredible violation of the sunshine law for the county attorney to settle a case in favor of the Weber trash site without public disclosure and without consultation or consent from her client, the County Council, which has previously voted 7-0 on a bipartisan basis to reject a trash dump at that site."

Citizens Against Trashy Government proposes to fight for two key principles of which they believe the county government is in danger of losing:

1. Consent of the governed

2. Open government

Regarding "Consent of The Governed", co-chair Diehl stated: "The clumsy monopoly trash district plan with the county is trying to impose does not arise from any public demand for the idea. It is a political power play to create monopoly franchises for favored insiders. This plan stomps on consent of the people and forces ordinary citizens to give up price and service competition countywide in favor of a government imposed monopoly."

"We recognize that many municipalities and subdivisions have only a single trash hauler, but that is their free choice where there is still competition available if they aren't happy."

"This county plan to crush competition i favor of trash monopoly districts belongs in the dumpster."

Regarding the settlement of the Weber lawsuit for a trash dump in South County, co-chair Becker stated: The County Health Department and the County Council had both found the imposition of the Weber trash dump at the South County site to be an undesirable nuisance. Now the County attorney has settled the lawsuit closing out the power of the County to appeal an adverse court decision without consent or notice to her client, the County Council, and without public disclosure of the settlement in clear violation of the sunshine law."

"If this decision is allowed to stand, it will be a total victory for secret, back-room deals over open government. No government lawyer has the power through a secret deal to overturn government policy reached through public hearings and open votes."

To launch their effort, the Citizens Against Trashy Government will hold a rally on Tuesday, December 11, 2007 at 7:00 p.m. at the Holiday Inn at Lindbergh and Highway 55. They ask the public to turn out to form a base of volunteer and financial support to fight for restoration of consent of the govern and open government in St. Louis County government.

Tom Diehl is a fund-raising consultant who was involved in the fight against the Weber trash dump and was unsuccessfully sued by Weber in a $5 million defamation suit to halt criticism.

Mike Becker is a real estate rehaber who had assisted in the successful fight by Diehl and the John Doe Society against the Weber defamation suit. Diehl is a Democrat, and Becker is a Republican. They intend the organization to seek bi-partisan support from all citizens concerned about the future of the county.

For further information, contact:

Jerry Wamser
105 Concord Plaza, Suite 209
St. Louis, MO 63128
PHONE: (314) 729-0272
FAX: (314) 729-7474
E-MAIL: WAMSLAW @ YAHOO.COM