Lawsuit over trash removal? , The town attorney is seeking dismissal of a lawsuit filed by Wynn's Restaurant in a dispute over trash collection fees.
In a court filing, town attorney Douglas Napier said the restaurant cannot sue the town because state law does not allow towns to be sued over common governmental functions such as trash collection. Wynn's suit, filed by attorney David W. Silek in late November, accuses the town of wrongful billing and fraud. The suit seeks more than $50,000 in damages for the restaurant at 219 E.
Main St. Napier's filing argues that the allegations against the town are ""too vague and indefinite" to constitute a valid lawsuit. Wynn's complaint fails to identify which town employees committed fraud and lacks details about the time and place where the fraud was committed, Napier said in his filing. "In essence, the plaintiff is attempting to make out a case of fraud simply by stating it is a case of fraud with no facts or circumstances to support it,"
Napier said in his reply, which was filed Dec. 14. Napier's reply also denies that a town employee committed fraud against the restaurant owner, Deloris Williams. The employee replied accurately to an inquiry from her about trash collection fees of $180, Napier said. "The town's representations . . . were truthful statements of fact," Napier said.
Napier also contends in his reply that the statute of limitations of two years has expired, thereby nullifying the suit. Napier said the town actions that are the focus of Silek's accusations took place more than two years before the suit was filed in late November. He said the suit is over actions that are alleged to have harmed Williams and do not involve her property. If the suit concerned harm to her property, the statute of limitations would run five years and the suit would still be timely, according to Napier's filing.
The dispute centers on charges Wynn's incurred from June 2007 to June or July 2011for a waste bin that was several properties away from the restaurant and hence was never used by the business, according to the lawsuit complaint. The town continued to charge fees for it after its removal in 2009, Silek's complaint states. The suit asserts that the extra collection fees imposed an additional $10,000 a year in trash collection fees on Wynn's. Silek has said the restaurant would have needed to serve 1,783 additional lunches with an average bill of $6 to cover the extra costs of trash collection.
In a court filing, town attorney Douglas Napier said the restaurant cannot sue the town because state law does not allow towns to be sued over common governmental functions such as trash collection. Wynn's suit, filed by attorney David W. Silek in late November, accuses the town of wrongful billing and fraud. The suit seeks more than $50,000 in damages for the restaurant at 219 E.
Main St. Napier's filing argues that the allegations against the town are ""too vague and indefinite" to constitute a valid lawsuit. Wynn's complaint fails to identify which town employees committed fraud and lacks details about the time and place where the fraud was committed, Napier said in his filing. "In essence, the plaintiff is attempting to make out a case of fraud simply by stating it is a case of fraud with no facts or circumstances to support it,"
Napier said in his reply, which was filed Dec. 14. Napier's reply also denies that a town employee committed fraud against the restaurant owner, Deloris Williams. The employee replied accurately to an inquiry from her about trash collection fees of $180, Napier said. "The town's representations . . . were truthful statements of fact," Napier said.
Napier also contends in his reply that the statute of limitations of two years has expired, thereby nullifying the suit. Napier said the town actions that are the focus of Silek's accusations took place more than two years before the suit was filed in late November. He said the suit is over actions that are alleged to have harmed Williams and do not involve her property. If the suit concerned harm to her property, the statute of limitations would run five years and the suit would still be timely, according to Napier's filing.
The dispute centers on charges Wynn's incurred from June 2007 to June or July 2011for a waste bin that was several properties away from the restaurant and hence was never used by the business, according to the lawsuit complaint. The town continued to charge fees for it after its removal in 2009, Silek's complaint states. The suit asserts that the extra collection fees imposed an additional $10,000 a year in trash collection fees on Wynn's. Silek has said the restaurant would have needed to serve 1,783 additional lunches with an average bill of $6 to cover the extra costs of trash collection.
Title: Lawsuit over trash removal?
Rating: 100% based on 99998 ratings. 5 user reviews.
Post by 1:14 AM
Rating: 100% based on 99998 ratings. 5 user reviews.
Post by 1:14 AM
0 comments:
Post a Comment