News

The Arizona Court of Appeals affirmed summary judgment in favor of SRC’s client the City of Glendale in its lawsuit against Vieste, the owner and operator of a facility Vieste constructed at the City’s landfill. Initially designed to remove unsorted recyclables from the City’s municipal waste stream and later to convert waste into energy, Vieste’s facility failed to process yard waste, which comprises one-third of the City’s waste stream. Vieste eventually closed its non-performing facility but blamed the City for not removing all yard waste from its municipal waste stream. After Vieste filed a notice of claim for more than $200,000,000, the City filed suit seeking declaratory judgment on the parties’ obligations under their agreement and for breach of contract damages. The trial court granted summary judgment in the City’s favor, finding the parties’ agreement susceptible only to the City’s interpretation, and awarded the City $280,000 in damages, $2,863,002 in attorneys’ fees, and $960,092.88 in costs and expenses.  The Court of Appeals affirmed the trial court’s judgment and the City’s interpretation of the parties’ agreement and awarded the City its attorneys’ fees and costs on appeal. The SRC winning team included Cindy Ricketts and Nathan Kunz.