HomeMy WebLinkAboutMINUTES - 02041992 - X.3 TO: BOARD OF SUPERVISORS Contra
FROM: Cotta
Victor J. Westman, County Counsel � - .:s
o� County
DATE: February 4, 1992 couN�'
SUBJECT: Acme Landfill Corporation v. Althin CD Medical, Inc., et al.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION: Approve and authorize Board Chair to sign Stipulation of Dismissal,
upon approval by County Counsel as to form and content.
II. FISCAL IMPACT: None.
III. REASONS FOR RECOMMENDATION: Acme Landfill Company has filed the above action
in U. S. District Court, alleging that the County has breached an asserted oral contract and seeking
damages for superfund cleanup. Acme has agreed to dismiss the County from the action pending
completion or breakdown of negotiations for purchase (by the County and other public agencies) of the
Acme Transfer Station site and agreement for funding of closure and post-closure costs.
IV. CONSEQUENCES OF NEGATIVE ACTION: The County will incur significant costs of
defending the lawsuit. These costs will have been unnecessarily incurred if negotiations are ultimately
successful.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON 9.2- APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DA SHOWN. C�
CC: Community Development ATTESTED /
County Counsel PHIL BATCHELOR,CLERK OFT BOARD OF
Risk Management SUPERVISORS AND COUNTY ADMINISTRATOR
Acme Landfill Corp. (via Co. Co.)
1�0t�
BY ,DEPUTY
M382 (10/88) 61