WARREN TOWNSHIP Dumping dispute leads to lawsuit

Rare Earth asks for $150,000 in damages from two companies.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- A business adjacent to the Warren Recycling Landfill in Warren Township says the facility has been an unfriendly neighbor, dumping more than 200 tons of construction and demolition debris on its property.
Rare Earth Soil & amp; Supply Inc. of 1061 S. Leavitt Road, Leavittsburg, filed a lawsuit this week in Trumbull County Common Pleas Court seeking damages.
The lawsuit says Rare Earth gave permission in October 2005 for Warren Recycling Inc. to make use of some of Rare Earth's property so Warren Recycling could gain access to part of its own property.
Rare Earth says, however, that Warren Recycling was using the access to dump demolition materials.
The suit also names Schimley's Excavating Inc. of Niles for participating in the dumping.
Response
Marty Schimley, company owner, said Friday his company was involved in the dumping on the Rare Earth property only because another trucking company asked him to send trucks and drivers to the sites, and his employees were simply doing what the other company asked.
Schimley said he has a lawsuit pending against that trucking company and a representative of Warren Recycling because he was never paid for the work.
Calls to Warren Recycling were not returned Friday.
The suit says that sometime during October 2005, Warren Recycling and Schimley trucks deposited more than 200 tons of debris on Rare Earth's property without permission. The reason for the dumping was "to render it easier for the aforementioned trucks to go across [Rare Earth's] property," the suit continues.
The dumping on Rare Earth's property has caused the business "substantial difficulty in addition to resulting in citations by the Trumbull County Health Department and the Ohio EPA," the suit says.
Rare Earth asked Warren Recycling and Schimley's to remove the debris, but they have failed to do so. Rare Earth says it has suffered substantial economic harm to its property and costs required to remove the debris.
The company asks for a judgment against Warren Recycling and Schimley's in an amount of $150,000 or more. The suit has been assigned to Judge John Stuard.