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Bingham County commissioners file suit against Utah company

April 12, 2011

BLACKFOOT — Seventh District Judge Darren Simpson has set a trial date for the case of MSW Green Energy Corporation versus Bingham County. County officials are suing the company for non-performance of contractual obligations.
Donald Fredley, president of MSW Green, and Austin Johnson, vice president of MSW Green, have also been named as defendants in this lawsuit.
A jury trial is set to begin at 9 a.m. on Tuesday, Aug. 9. The judge reserved three days for the trial.
In April 2007, Bingham County and MSW Green signed a contract in which company officials agreed to build a plant next to the Bingham County transfer station to turn waste into energy.
The Utah company has a contract with Bingham County to remove the county's solid waste for the next 20 years. This contract started June 1, 2010, and extends through May 31, 2031.
MSW Green officials said their inability to meet their contracted obligations was because of lack of funding.
The company and its subcontractors took over running the transfer station and garbage removal on June 1. On June 18, the subcontractors stopped work because they had not been paid.
Because of the potential health hazard with solid waste piling up at the transfer station, Bingham County took over responsibility for the transfer station.
On June 22, Bingham County's commissioners put in place a 30-day contract to process and move the solid waste.
The county commissioners hired subcontractors Mill Creek Metals to work at the transfer station and Corder Trucking to haul the solid waste.
As of April 1, 2011, the county's contract with MIll Creek Metals continues.
Through a telephonic status conference Tuesday morning, prosecuting attorney David Hooste confirmed the state is asking for a jury trial. Jeremy Pittard is the counsel for the defense.

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