Northside Recycling Files “Farfetched†Lawsuit Against Salem, Mass.
Waste & Recycling | 2019-01-15 05:25:02
For some time prior to 2007, Northside Recycling, Inc. had leased and operated a transfer station on a 9.2-acre parcel of city-owned land with major environmental problems.
By SEATTLE (Waste 360): Who knows what motivated a waste management company to file a farfetched lawsuit against the city of Salem, Mass. When asked about the suit shortly after it was filed, Salem Mayor Kim Driscoll called it “somewhat preposterous.” The same could be said for the notion that demons and other evil spirits can cause someone to endure fits and strange afflictions.
Founded in 1626, Salem sits on the Atlantic coast about 15 miles north of Boston. Much of the city's cultural identity reflects its being the location of the infamous Salem witch trials of 1692 and 1693. Some 19 locals were executed for allegedly practicing witchcraft. These days, police cars and uniforms are adorned with witch logos and the Salem High School athletic teams are named the Witches.
For some time prior to 2007, Northside Recycling, Inc. had leased and operated a transfer station on a 9.2-acre parcel of city-owned land with major environmental problems. In 2007, the city issued a request for proposal (RFP) for the purchase or long-term lease of the property, contemplating its continued use as a transfer station or for other development.
Then, much time elapsed. Not until the following March did the City Council vote to declare the property surplus. However, it did not then accept or reject Northside's proposal, nor did it authorize the mayor to sell the property.
A group with properties abutting the transfer station site initiated litigation against the city over environmental permitting issues. Those proceedings ended in 2014, when the Massachusetts Appeals Court ruled in favor of the city and Northside, which had joined the suit on the side of the city. But, for whatever reason, the council later voted against selling the property to Northside.
Furious with the outcome, Northside filed suit in Essex County Superior Court against the city, its mayor and the city council, alleging that the city solicitor's letter constituted an acceptance of Northside's proposal, forming a binding contract to sell the property. The company sought damages based on an alleged breach of contract and violation of state law.
Courtesy: https://waste360.com
