City of Cadiz, Freedom Waste suit continues
by Franklin Clark, Reporter -- fclark@cadizrecord.com
Mar 10, 2010 | 0 0 comments | 7 7 recommendations | email to a friend | print
The City of Cadiz will soon be in court over its decision to end a contract with Freedom Waste.

Although the suit was filed last month, no hearing has yet been scheduled, said Trigg Circuit Judge C.A. “Woody” Woodall III, who added that attorneys from Freedom Waste and the City of Cadiz will likely “put their heads together” to figure out when the hearing will take place.

Duncan Pitchford, a Paducah attorney representing Freedom Waste, reiterated that when the city sent a letter to Freedom Waste indicating that they wanted to sever the contract, they weren’t given the 90 days notice required in its contract.

Cadiz City Clerk Lisa Rogers said the city has filed a response asking the court to dismiss the case. In the response, filed on Tuesday, Cadiz City Attorney Allen Wilson denies many of the allegations made by Freedom Waste, and admits some, and asks that the suit be dismissed.

In the response, Wilson asks a jury trial, court costs and attorney’s fees and “any and all other relief.” However, he couldn’t comment on what that would specifically entail, given that the suit is still underway.

Robert P. Moore, attorney for Madisonville Disposal, also filed a response on Tuesday, which concurred with Wilson’s response that while some of Freedom Waste’s complaints are legitimate, the suit should be dismissed and “held for naught.”

Wilson also filed a series of interrogatories on Tuesday. Among the questions asked of Freedom Waste, Wilson asks if they admit or deny that Joe Buchanan of Freedom Waste spoke at the Feb. 2 city council meeting and submitted a bid for the waste contract prior to that.

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.

Woodall denied Freedom Waste’s motion to have a restraining order to keep Madisonville Disposal from collecting trash in Cadiz in a telephone hearing from his Eddyville office.
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