Pelham Apartments Litigation

In this case, the owners of Pelham Apartments had filed an action in April, 2002 seeking to enjoin the Town from discontinuing trash pick-up. The injunction was denied and Pelham paid the estimated cost of weekly pick-up into an escrow account. Town answered complaint and filed a counterclaim to recover the cost of trash pickup from 1999-2002. In 2003, we moved for summary judgment on Pelham’s claims and in our favor on the counterclaims. The Court allowed the Town’s motion in full. After the motion was allowed, trash service to Pelham Apartments was discontinued in early August, saving in excess of $100,000 per year. Decision allowed Town to avoid the substantial annual cost of providing future trash collection to Pelham. After the award of summary judgment, the monies deposited by Pelham into the escrow account (totaling approximately $100,000) were turned over to the Town and deposited in the General Fund. In the Fall of 2003 we had three hearings to prove the Town’s damages on the counterclaim in accordance with the summary judgment decision. Obtained judgment in favor of the Town in the amount of $340,344.00, plus additional interest.