A circuit court judge has dismissed a complaint filed by trash-transfer station operator Veolia against the City of Evanston, saying it fails to follow rules required for pleadings in the state’s courts.
Cook County Circuit Judge Lee Preston says two-thirds of the company’s 30-page complaint consisted of “narrative allegations” that don’t comply with the “fact-pleading” style required in Illinois.
He gave the company until June 1 to file an amended complaint.
The company has challenged the city’s ordinance imposing a fee on every ton of garbage dumped at the transfer station and claims it’s being harassed by city officials because they want the station closed.
City attorney Grant Farrar called the judge’s order “thoughtful and well-reasoned” and said he hoped it would lead the company to “take a fresh look at the advisability of pursuing this litigation.”
He said that in the six months since the company first filed its complaint, “Veolia has expended tremendous resources of time and money that could be better spent relocating the transfer station.”
He said Veolia’s parent company has announced plans to sell all of its North American waste managment operations, which should make the legal action unnecessary.
Veolia, in a statement said it will file the amended complaint and repeated its claims that the city has violated the company’s constitutional rights and is unlawfully trying to push it out of the city.
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