City of East Chicago v. Lake County Transfer, Inc.

854 N.E.2d 23, 2006 Ind. App. LEXIS 1887, 2006 WL 2640243
CourtIndiana Court of Appeals
DecidedSeptember 15, 2006
DocketNo. 45A03-0506-CV-290
StatusPublished
Cited by1 cases

This text of 854 N.E.2d 23 (City of East Chicago v. Lake County Transfer, Inc.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of East Chicago v. Lake County Transfer, Inc., 854 N.E.2d 23, 2006 Ind. App. LEXIS 1887, 2006 WL 2640243 (Ind. Ct. App. 2006).

Opinions

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellants-Defendants, City of East Chicago (the City) et al. (collectively, the Appellants), appeal the trial court's grant of a preliminary injunction requested by Appellees-Plaintiffs, Lake County Transfer, Inc. and its President, Anthony Por-tone (Portone) (collectively, LCTT).

We affirm.

ISSUE

The Appellants raise one issue on appeal, which we restate as: Whether the trial court abused its discretion in granting LCTI's request for a preliminary injunetion based on its determination that no adequate remedy at law existed as to the City's early termination of its contract with LCTIL

FACTS AND PROCEDURAL HISTORY

In 1999, pursuant to an agreement with the City of East Chicago Sanitary District (the District), LCTI began operating and managing the City's solid waste disposal transfer station (the transfer station or facility). The transfer station is a facility where solid waste is moved from the vehicle or container in which it was collected and transferred to another vehicle or container for transport to a landfill or treatment facility. On December 11, 2008, LCTI and the District entered into a see-ond Facilities and Waste Disposal Agreement (the contract) for another four-year term, to begin January 1, 2004 and end December 31, 2007. Additionally, the contract provided that the agreement would automatically renew for another four years unless either party provided notice of termination by March 31, 2007. Further, the contract stated that the District would pay LCTI $29.25 for each ton of waste it accepted, processed, and transferred at the facility. However, LCTI also agreed to pay an annual host fee to the District for all waste, including third party waste, delivered to the facility at the rate of $.50 per ton.

On March 24, 2005, the District's Board of Directors held a meeting where Milan Kluko (Kluko), a paid consultant for the District, recommended that the District terminate its contract with LCTI for the following reasons: (1) it was possible for waste trucks to bypass the weight scales; (2) the rates LCTI negotiated were too high; (8) the District would be liable if an accident took place at the transfer station; and (4) Kluko believed that the District and the City could manage the transfer station more efficiently. Thereafter, the Board voted to terminate the contract early. Consequently, on March 29, 2005, through counsel, the City sent a letter to LCTI, notifying them of its decision to prematurely terminate the contract and asking that LCTI vacate the transfer station within thirty (30) days.

On April 21, 2005, LCTI filed a Verified Complaint and Verified Motion for Temporary Restraining Order and Preliminary Injunction Pursuant to Trial Rule 65. On the same date, an ex parte hearing was held, and the trial court granted LCTI's Motion for Temporary Restraining Order. On April 27 and May 2, 3, and 5, 2005, the trial court held a hearing on the motion for a preliminary injunction. On May 31, 2005, the trial court granted the preliminary injunction and issued numerous Find[27]*27ings of Fact and Conclusions of Law. Specifically, however, this appeal concerns the appropriateness of the trial court's ordering of an equitable remedy, ie. a preliminary injunction, rather than a legal remedy, i.e. liquidated damages provided for in the contract. The Findings of Fact and Conclusions of Law related to the trial court's choice of remedy state, in pertinent part:

I. FINDINGS OF FACT
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LIKELIHOOD OF SUCCESS ON THE MERITS
129. That in order for [LCTI] to prevail at the preliminary injunction level, [it] must show at the preliminary injunetion hearing a reasonable and/or probable likelihood of success on the merits in this cause. Steenhoven v. College Life Ins. Co. of America, 458 N.E.2d 661 (Ind.Ct.App.1989 [1989]). The party seeking relief is not required to prove that he will ultimately be entitled to relief. It is only necessary that the pleadings and evidence be such that they make out a case for proper injuncetion in equity that the status quo be maintained pending a trial on the merits. Harvest Ins. Agency, Inc. v. Inter-Ocean Ins. Co., 478 N.E.2d 98, 104 (Ind. Ct.App.1985).
130. That [LCTI has] demonstrated a reasonable likelihood of success on the merits of this case. Specifically, [LCTI has} demonstrated that the [cJontract is valid, that the District improperly terminated the [clontract, and that [the City] improperly interfered with [LCTT's] contractual and prospective business relationships.
131. That the reasons relied on by the District, even if they were accurate, were not reasons to terminate the [clon-tract as they were not "for cause" reasons to terminate the [clontract. Nevertheless, the reasons relied upon, both in the Mayor's Findings and through the testimony of Kluko, were not based on evidence presented to those bodies, and were inaccurate.
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138. That [LCTI has] demonstrated a preliminary likelihood of success on the merits concerning the validity of the [clontract. The [clontract was properly executed, and the District Board improperly terminated the {[clontract. Furthermore, [the City] knew of the existence of third party contracts, and the defendants have unlawfully contacted third party waste generators, which has and will result in substantial indeterminate damages to [LCTI]. The [clourt now finds that [LCTI has] demonstrated a reasonable likelihood of success on the merits, warranting a preliminary injunetion.
IRREPARABLE HARM
139. That the unique features of the [elontract make it impossible to determine the legal measure of loss and demonstrate that money damages are not ascertainable. Consequently, irreparable injury has been shown.
140. That [LCTI] must demonstrate that [its] remedies available at law are inadequate and that [it] will suffer irreparable harm pending the resolution of the action if the injunction does not issue. If an adequate remedy at law exists, injunctive relief should not be granted. Ind. Family and Soc. Servs. Admin. v. Walgreen Co., 769 N.E.2d 158, 162 (Ind.2002). The trial court "has a duty to determine whether the legal remedy is as full and adequate as the equitable remedy." Washel v. Bryant,0 [28]*28770 N.E.2d 902, 906-07 (Ind.Ct.App. 2002). "A legal remedy is adequate only where it is as plain and complete and adequate-or, in other words, as practical and efficient to the ends of justice and its prompt administration-as the remedy in equity." Id. at 907. More importantly, a legal remedy is not adequate merely because it exists as an alternative to an equitable form of relief. Paul v. I.S.I. Servs., Inc., 726 NE.2d 318, 321 (Ind.Ct.App.2000).
141. That the damages suffered by [LCTI] as a result of the termination of the [cJontract by the District are speculative.

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854 N.E.2d 23, 2006 Ind. App. LEXIS 1887, 2006 WL 2640243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-east-chicago-v-lake-county-transfer-inc-indctapp-2006.