Wilson calls Freedom Waste contract terms unconstitutional
by Franklin Clark, Reporter -- fclark@cadizrecord.com
Mar 31, 2010 | 0 0 comments | 8 8 recommendations | email to a friend | print
Although Freedom Waste’s lawsuit against the City of Cadiz is still on, no official date has yet been scheduled for the trial, said 56th Circuit Judge C.A. “Woody” Woodall III, who is presiding over the case.

However, a legal document from Monday, March 22, and written by Cadiz City Attorney Allen Wilson, who asked that the case be dismissed, states that a tentative date has been set for 9 a.m. on Wednesday, April 14, at the Circuit Courtroom at the Trigg County Justice Center.

Wilson said in the document that according to the Kentucky Constitution, a city, county, taxing district or other municipality cannot make a contract for a term of more than 20 years, and that bids must be received publicly after due advertisement.

Wilson argued this means the bidding requirement is mandatory for every new term, and that the automatic renewal provision in the city’s contract is unconstitutional, which, he said, is why the case should be dismissed.

In the original complaint, dated Thursday, Feb. 18, Duncan Pitchford, who is representing Freedom Waste, argued that the city’s contract with Freedom Waste states that their contract automatically renews for another three years unless either party declares in writing that they want to terminate the contract at least 90 days before the contract is supposed to end.

A letter from Cadiz City Clerk Lisa Rogers dated Thursday, Dec. 17, of last year to Joe Buchanan of Freedom Waste stated that the city didn’t want to renew the contract and instead wanted to “consider other bids.” Rogers, in the letter, stated that the contract would have otherwise automatically renewed on Sunday, March 21.

Woodall said that aside from “damages from an alleged breach of contract,” he doesn’t know specifically the most that Freedom Waste could gain, and added that he will have to wait until he hears more of the specific aspects of the case.

Pitchford argued that the contract specified and end date of Tuesday, March 2, meant that any non-renewal notice would have to have been sent no later than Thursday, Dec. 3. A copy of the contract confirms that end date.

Freedom Waste is seeking damages against the City of Cadiz for breach of contract and “an award of specific performance” to compel the city to honor its contract with Freedom Waste, Pitchford said in the suit.

The city signed a new contract with Madisonville Disposal for services previously supplied by Freedom Waste. Brian Stallins of Madisonville Disposal, who is also named in the lawsuit, said he doesn’t think anything will come of the lawsuit, and that at most Freedom Waste will be given monetary compensation.

“It’s unfortunate that they (Freedom Waste) decided to take this approach,” said Stallins.
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