Refuse company files a lawsuit against city
LISBON — An East Liverpool-based refuse company filed a lawsuit Wednesday against the city of East Liverpool, claiming breach of contract for the purchase of a truck and roll-off boxes and a hauling service contract.
Diamondback Dumpsters, LLC, Annesley Road East, filed the complaint in Columbiana County Common Pleas Court with the city as the only defendant. The case was assigned to Judge Scott Washam.
According to the complaint, Diamondback entered a verbal agreement in September 2022 with East Liverpool to haul two 40-yard compactor boxes and two 40-yard open top boxes to landfills of Diamondback’s choosing, with use of a 2019 International roll-off truck owned by the city part of the deal. The company took possession of the truck and boxes and performed the services for the city.
In May 2023, city council authorized disposition of the truck and boxes and agreed to advertise for bids for compactor, dumpster and hauling services for East Liverpool’s refuse and recycling department.
Diamondback submitted bids for the equipment and to provide the hauling services which were opened Dec. 13, 2023. The company submitted the high bid for the equipment purchases and low bid for the hauling services. The city’s board of control awarded the bids for the equipment and the two-year service contract to Diamondback, with a hauling service agreement executed on Dec. 31, 2023. In January 2024, city council then passed an ordinance authorizing the safety service director to enter a purchase agreement for the sale of the truck and four roll-off boxes and to sell the equipment to Diamondback.
The company was told by its bank that the financing process for the purchase could not begin until East Liverpool provided a bill of sale to Diamondback. Diamondback continued using the equipment and providing the services to East Liverpool and claimed it did not receive the bill of sale until March 11, 2024 from the city. The company had meetings with the bank in the next month to finalize the financing.
“During this time, Diamondback did not receive any default letters or deficiency letters from East Liverpool,” the complaint said.
On April 16, 2024, while a Diamondback employee was performing services for East Liverpool at the city’s safety service building, the complaint alleged that the chief of police, service safety director and assistant safety service director “intentionally and without permission” used the chief’s police cruiser to block the truck from leaving until the employee agreed to allow them to repossess the truck and the boxes.
“The city had absolutely no right to repossess the collateral, especially since any delays were caused by the city’s own failure to provide Diamondback with a bill of sale,” the lawsuit document said.
Since then, the city has used the equipment to perform its own trash and hauling services and hauling to Ohio Valley Waste, who was the only competing bidder.
According to the complaint, that’s against Ohio law and Ohio public policy.
The lawsuit claimed the equipment has since depreciated and the city failed to pay its invoices to Diamondback for services rendered.
Diamondback is seeking damages for the repossession of the equipment, more than $200,000 in damages for compensation of services by Diamondback from March 2024 to April 2024 and lost profits from May 2024 to December 2025 and damages for the city’s alleged failure to pay for services.
mgreier@mojonews.com