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Fees paid, suit against disposal company dismissed

Staff Writer

Archuleta County Attorney Todd Starr’s office has filed a motion to dismiss a lawsuit against the owner of At Your Disposal filed in June.

The lawsuit alleged thousands of dollars in unpaid landfill fees.

According to the complaint, the county alleged that Kathryn M. Young, owner of At Your Disposal, owed $15,654.25 unpaid fees for using the county’s landfill.

The suit was filed against Young as an individual because At Your Disposal is a trade name, with the local business not otherwise incorporated, according Starr.

According to the complaint, “Between July 31, 2012 and March 2013, Plaintiff rendered landfill services to Defendant at Defendant’s request by allowing Defendant to dump trash at the Archuleta County Landfill.”

Further, the complaint states:

“10. Plaintiff has demanded that Defendant pay the sum mentioned above, but Defendant refused, and continues to refuse, to pay Plaintiff any part of it.

“11. In the alternative, and in the event this court finds there was no contract, then Plaintiff is entitled to recover from Defendant, in quantum meruit, for the value of services performed at Defendant’s request and for Defendant’s use and benefit in the sum to be determined at trial.

“WHEREFORE, Plaintiff prays for judgment against defendant for Fifteen Thousand Six Hundred Fifty Four Dollars and Twenty-Five Cents ($15,654.25) or the reasonable value of services provided, for its attorney’s fees and costs incurred herein and for such other and further relief as the Court deems just and equitable.”

Young was served with the lawsuit on June 21.

Then, on July 8, Starr’s office filed a motion to dismiss on the case following Young’s payment of the delinquent fees and confirmation of the payment from the bank.

“It is unfortunate that the taxpayers had to resort to litigation and I am glad the matter resolved quickly,” Starr commented via e-mail Tuesday.

Requests for comment from Young were not answered by presstime Wednesday.

randi@pagosasun.com

This story was posted on July 12, 2013.