PRIORITY WASTE SERVICE, INC., ET AL. v. SANTEK ENVIRONMENTAL, LLC, ET AL. - Articles

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PRIORITY WASTE SERVICE, INC., ET AL. v. SANTEK ENVIRONMENTAL, LLC, ET AL.

Posted by: Tanja Trezise on Jun 28, 2021

Court: TN Court of Appeals

Attorneys 1: Hoyt O. Samples, Chattanooga, Tennessee, for the appellants, Priority Waste Service, Inc., and Steve Fraker d/b/a Industrial Refuse Service.

Attorneys 2: John W. Dawson, IV, and Brooke E. Howlett, Nashville, Tennessee, and Crystal R. Freiberg, Cleveland, Tennessee, for the appellees, Santek Environmental, LLC, and Bradley County, Tennessee.

Judge(s): FRIERSON

The plaintiffs in this action are operators of businesses that collect and transport municipal solid waste. The plaintiffs filed suit against the defendants, a company that operates a landfill and the county that is a partial owner of the landfill, alleging violations of certain statutes regulating solid waste disposal and landfill operations. Upon a motion to dismiss filed by the defendants, the trial court dismissed the plaintiffs’ claims based upon, inter alia, the plaintiffs’ lack of standing and the court’s determination that the statutes did not create a private right of action. The plaintiffs have appealed. Discerning no reversible error, we affirm the trial court’s dismissal of the plaintiffs’ claims.

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