Freedom Waste files suit against city
by Franklin Clark, Reporter -- fclark@cadizrecord.com
Mar 03, 2010 | 0 0 comments | 7 7 recommendations | email to a friend | print
The Cadiz City Council decided to respond to a civil suit filed by Freedom Waste Services when it met briefly for a special called meeting last Tuesday evening.

Just two days later, Trigg County Circuit Judge C.A. “Woody” Woodall denied Freedom Waste’s motion to have a restraining order to keep Madisonville Disposal from collecting trash in Cadiz.

After Woodall denied that motion in a telephone hearing from his Eddyville office, Rogers sent out a release stating that today will be the last day for sanitation pickup by Freedom Waste. Thursday will be the first day for trash pickup for Madisonville Disposal.

Princeton-based Freedom Waste Services filed suit against the City of Cadiz recently, claiming that the city didn’t give the company 90 days notice that they planned to terminate the company’s waste disposal contract.

About two days after the special called meeting, Rogers sent out a release stating that today will be the last day for sanitation pickup by Freedom Waste. Thursday will be the first day for trash pickup for Madisonville Disposal.

Cadiz Mayor Lyn Bailey said Freedom Waste has already picked up its garbage containers and Madisonville Disposal has already distributed its garbage containers.

“We hope it’s not something that’s going to cost the city a lot of money,” Bailey said when asked about the possible financial consequences of the lawsuit to the city. “We don’t know what kind of charges [Freedom Waste] might bring.”

“But whatever it is, the city will have to live with it … and we will handle it,” Bailey continued.

Cadiz City Clerk Lisa Rogers said that although the restraining order has been denied, the lawsuit against the city is still ongoing, because while the restraining order was between Freedom Waste and Madisonville Disposal, the suit is between Freedom Waste and the city.

Bailey said the city hadn’t filed a response. Rogers said the city has 20 days to answer Freedom Waste’s complaint, adding that Judge Woodall will likely soon set up a hearing.

Freedom Waste has claimed that they are still the trash disposal provider for the city, even though the company submitted bids when they were given the opportunity to do so earlier in the year. To that end, attorneys for Freedom Waste filed a lawsuit against the City of Cadiz on Feb. 18, a suit filed in response to a decision made by the Cadiz City Council on Feb. 2.

The issue concerning their claim of improper notice from the city arose only after the Cadiz City Council awarded the city waste disposal contract to Madisonville Disposal at the city council’s regular meeting on Feb. 2.

On Feb. 18, attorneys for Freedom Waste also filed a motion for a restraining order in Trigg County Circuit Court, a motion to keep Madisonville Disposal from collecting trash in the city.

After discussing the lawsuit during a roughly 20-minute executive session last Tuesday, the city council unanimously approved a motion to respond to the company’s complaint that was made by Manuel Brown, the council’s Finance Committee chairman.

Some business owners have reportedly been asking whey they received a bill for another month’s worth of service from Freedom Waste if Madisonville Disposal is starting to collect trash starting this month.

Rogers said at the special called meeting that business owners in Cadiz will continue to receive trash collection from Freedom Waste until March 21, and added that no business or residential customer will receive a bill from the Madisonville Disposal.

In a response from Madisonville Disposal, the company called Freedom Waste’s efforts to have a restraining order put in place “a case of sour grapes.”

Although Freedom Waste Services submitted a lower bid for both residential and commercial trash service at the regular February city council meeting, the company is also continuing to charge residents and businesses a higher price for trash collection because the company claims they weren’t given 90 days notice by the city that the contract was ending.
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