Property owners claim waste management company over charging for service

By Kelly Holleran | Mar 9, 2011

The owners of three Jefferson County properties have filed suit against the waste management company that services its properties, alleging it has charged the landlords nearly double the agreed-upon contract price.

Sue Levine and Allan L. Levine claim defendant Republic Services has been providing waste management services at three of their properties in Jefferson County -- at 3445 Phelan Blvd., 7120 Tram Road and 3755 Milam St. -- since 1998 and 2001.

In the Tram Road property contract, Republic agreed to pick up trash at a price of $80 per month, according to the complaint filed March 3 in Jefferson County District Court. However, Republic has been charging the Levines more than $200 per month for services.

At the Phelan Boulevard property, the Levines agreed to pay $300 per month for biweekly services, the suit states. The landlords recently discovered that its tenant -- Quest Diagnostics -- has also been paying the $300 monthly fee, the complaint says. In addition, Republic has only been picking up trash once per week, the Levines claim.

The Levines also allege they have been paying excessive amounts for waste services at the Milam Street property, but do not specify the actual amounts they have been forced to pay.

In their complaint, the Levines allege breach of contract, violation of the Texas Deceptive Trade Practices Act, fraud and misrepresentation against the defendants.

They seek exemplary and other unspecified damages, plus costs, attorneys' fees, pre- and post-judgment interest and other relief the court deems just.

C. Scott Mann Jr. and Aaron M. Rubin of Germer Gertz in Beaumont will be representing them.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Case No. E189-524

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