Sure as clockwork, Advantage Waste completes its purchase of the Southwest Regional Landfill in Jasper County and a lawsuit filed against it by American Disposal, BFI and Allied Waste appears to be on the verge of being dismissed.
The connection between the Jasper County landfill and this lawsuit were previously explored in two Jan. 8 posts.
In documents filed today in U. S. District Court for the Western District of Missouri, Douglas M. Weems, attorney for American Disposal and BFI (BFI is an affiliate of Allied), asked for the case to be dismissed with prejudice with the costs assessed to the plaintiffs.
In the lawsuit filed June 1, 2005, American Disposal Services of the Ozarks and BFI claimed Advantage Waste, its owner Craig H. Post, and two other companies owned by Post, CHP Investments, Inc., and CHP Environmental, Inc., owed them nearly half a million dollars. They sued Post for breach of contract.
Court records indicate Post and his companies entered into a contract with American Disposal and BFI Sept. 29, 2000. "In exchange for the payments to plaintiffs," the records say, "CHP investments and its affiliates were able to dispose of up to 700 tons per day of certain waste at plaintiffs' landfills and transfer stations.'
The disposal began almost immediately after the papers were signed, but the lawsuit alleges Post and his three companies owe $463,857.65. American Disposal and BFI sought that amount, interest,and fees.
Documents filed Dec. 22 indicated both sides asked that court action in the lawsuit be put on hold due to "ongoing settlement efforts."
"On or about Nov. 30, 2004, plaintiff American Disposal Services of Missouri, Inc., and defendant CHP Investments, Inc., among other parties, entered into an agreement regarding certain transactions between the parties. The closing date of the proposed transactions is currently contemplated to be Dec. 30, 2005. This agreement provides that the debt which is at issue in this case will be paid by mid-February 2006." If the deal works out, the documents indicated, the lawsuit would be dismissed.
As noted in the earlier Turner Report posts, the entire deal seemed to coincide with the renewed interest in and eventual purchase of the Southwest Regional Landfill by Advantage Waste.