LEE’S SUMMIT, October 20, 2011 – The Solid Waste and Curbside Recycling issue in Lee’s Summit heads to the courts tomorrow in Jackson County Courthouse. Only the party that can show “injury” can bring such a law suit and Deffenbaugh must feel they are injured financially in some way by the City’s RFP that was due last Friday. Their claim must have, at least, some legal merit because Judge Jack Grate issued the temporary injunction last Friday to stop Lee’s Summit City Staff from opening the bids.
Judge Grate has handled cases like this since he was appointed to the Circuit court in 2004 by then Governor Bob Holden. He had a 28 year private practice (the last 9 years of it in his own law firm) before his appointment to the bench.
Deffenbaugh is being represented by Steve Mauer formerly a partner at Brian Cave LLP, a well-known international law firm. Mauer and Heather Zerger established their own firm earlier this year. In a Zerger & Mauer press release from April 2011 Mauer states “Heather and I have a strong track record of delivering results for our clients,” says Mauer. “They know they can count on us to solve the complex issues they are facing so they can get back to running their businesses.”
Steven Mauer is the type of lawyer that enjoys the courtroom challenge of legal debate and has an impressive track record of success. A tour through his website shows a long line of advocate for the plaintiff’s success recovering nearly $100 million for his clients. The most recent success was in the case of the City of Harrisonville, MO versus Petroleum Storage Tank Insurance Fund where Harrisonville was awarded an $8.2 Million verdict.
The Lee’s Summit City Attorney Teresa Williams will have her work cut out for her trying to defend a very unpopular RFP in Lee’s Summit. Earlier this year the City had to settle a $15.5 million claim from former city resident Ted White after Federal Magistrate Judge John Maugher directed the City to pay the claim.
The important question about this case is; How is Deffenbaugh Industries injured by the City’s RFP? Obviously if they are not awarded the contract, the City establishes a monopoly for the duration of the contract that will limit Deffenbaugh’s ability to provide the service. This, in fact, is also true for everyone else who is currently providing solid waste removal in Lee’s Summit.
Judge Grate will hear the case on Friday, October 21, 2011 at 1:30 PM in Division 17 in Independence.
The Lee’s Summit Conservative