Trash clash: Judge rules in favor of Huron County

SANDUSKY — A judge ruled in favor of Huron County commissioners in a legal battle with Erie County commissioners over a trash-hauling contract dispute. Visiting Judge Janet Burnside ruled on Monday that Erie County is liable for damages for breaching terms of a contract to haul Huron County's trash to Erie County's landfill. Monday's ruling does not mark the end of the trial — attorneys representing both counties will need to reconvene to present evidence and argue how much money Erie County must pay to Huron County in damages. Huron County's original complaint states it's seeking upwards of $25,000. Background Both county governments entered a contract in 2014, which was effectively a renewal of a past five-year deal from 2009. The contract was to haul Huron County's trash from a transfer station in Huron County to Erie County's landfill. Erie County used a subcontractor to haul the trash. Huron County's commissioners started making complaints about Erie County's subcontractor, claiming employees were leaving trash on the floor of the transfer station and in uncontained trailers — they argued this created a fire risk and an EPA violation. They also argued that the subcontractor's trailers didn't have proper tarp covers, creating the risk of trash blowing onto the road during transit to Erie County. Huron County pulled out of its agreement with Erie County before the contract expired — claiming Erie County breached the contract and gave just cause to terminate the deal — and contracted with a private company to haul trash at a higher rate than what they were paying Erie County for the service. Erie County argued it did not breach the contract, and Huron County's actions cost Erie County about $1.5 million. The case went to trial via Zoom in February and lasted several weeks before wrapping up testimony. Burnside then took about two weeks before making her written ruling on Monday. In her decision, Burnside wrote Erie County unsuccessfully attempted to get its subcontractor to fix the issues and the county's failings constituted a breach of contract. "There was no way for Huron (County) to endure (Erie County's) continuing inadequate performance of the contract for a lesser contract price (than its new hauler)," she wrote. "As a public utility, Huron (County) risked public complaint from littering, unsafe trucks on public highways, rodent infestation and risk of fire, not to mention EPA citations. "These were not luxuries which could be eliminated in exchange for lower prices. There was no adequate compensation for Huron (County) to forgo complete and proper contract performance," she continued. In 2018, Erie County attempted to offer Huron County a new subcontractor hauler, at a higher price than Erie County's original subcontractor, in addition to a five-year contract extension. Huron County opted to instead pursue their own subcontractor. "In effect, Erie (County) tried to cure its performance and have Huron (County) pay extra for it," Burnside wrote. The judge wrote that Huron County would be allowed to pursue damages against Erie County. "This court concludes that Huron County can maintain its counterclaim for damages due to any higher costs for waste hauling and disposal after its termination of the contract," Burnside wrote. Reaction Both sets of commissioners sounded off following the announcement Monday: • Huron County commissioners Joseph Hintz, Bruce "Skip" Wilde and Terry Boose: "Both counties have spent a considerable amount of time and resources in this lawsuit. However, Huron County was sued and was forced to defend itself in this case. With that being said, the Huron County board of commissioners is pleased with Judge Burnside's decision in favor of Huron County. The court's decision validates Huron County's position since the beginning of this dispute." • Erie County commissioners Pat Shenigo, Matt Old and Steve Shoffner: "The board of Erie County commissioners is extremely disappointed that the court disagreed with Erie County's position in the trial. Erie County had sued to try to collect a debt it felt was fairly owed under the contract between the counties. But the court saw it differently. We remain baffled why the Huron County commissioners refused to work with us in good faith. We thought they had been offered a fair price for Huron County residents' waste disposal needs. For some unknown reason, however, their Commissioners believe an agreement with a private landfill at a higher price was more advantageous for their citizens. Erie County is reviewing the results, and will consider what options may be available." There's no date scheduled yet for the hearing on damages.