Monday, January 16, 2006

Judge in Advantage Waste case grants stay

Judge James C. England has granted a request to stay all deadlines in a lawsuit filed by American Disposal Services of the Ozarks and BFI against Advantage Waste, the company that wants to buy and operate the Southwest Regional Landfill in Jasper County.
According to documents filed Jan. 10 in U. S. District Court for the Western District of Missouri, since the issue may be settled by mid-February, "thus allowing for a motion to dismiss to be filed in the case," the stay was granted.
As revealed in the Jan.8 Turner Report, it appears that the settlement in this case has everything to do with whether Advantage Waste can get a quick approval to open the landfill since that stipulation was made in the original contract between Advantage, its owner Craig H. Post, and his company, CHP Environmental. The plaintiffs in the case say that Post and his companies owe them $463,857.65, but indicate that negotiations for a settlement began at nearly the same time as officials from Post's company began contacting Jasper County residents about the possibility of buying and running the landfill.
As noted earlier in this blog, the whole situation appears to have started with the July 20, 1999, federal court order requiring Allied Waste (owner of BFI) to divest itself of certain properties, including its option on the Southwest Regional Landfill, as part of its purchase of BFI.
Allied's filings with the Securities and Exchange Commission indicate the company still owns the landfill property, but cannot legally operate it without violating the court order.
Incorporation documents filed with the Missouri Secretary of State's office indicate Post's companies were created shortly after the final ruling was issued in the antitrust case.
The Turner Report investigation into Advantage Waste can be found at the following links:
Jan. 8 Turner Report
Second Turner Report Jan. 8 entry

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