UPDATE: New Jersey Superior Court Judge Stuart Minkowitz has denied a request from the Franklin Meadows Condominium Association that would require the borough of Franklin to buy new trash containers for the condos. While Blue Diamond Disposal was listed as a defendant in the original lawsuit, the company was not a direct party to the settlement.
New Jersey Herald noted that the dismissal was "with prejudice" and calls for Franklin to seek new bids on a waste collection contract. Franklin's former attorney John Ursin noted that the original lawsuit was "frivolous with no basis in fact. It should never have been filed."
Last week, Franklin's Borough Council also approved an amendment to its solid waste ordinance to require "multi-dwelling units or industrial premises" to communicate with the collector to ensure they have the correct dumpsters, according to the Herald.
- The Franklin Meadows Condominium Association—located in the New Jersey borough of Franklin —is currently involved in a complex legal battle with hauler Blue Diamond Disposal that has come down to dumpster sizes.
- After Blue Diamond removed its dumpsters from the condominiums in March, the association spent $2,400 to purchase new ones. These didn't fit the hauler's rear-loading trucks so the borough hired a welder to modify them. The condo association canceled that appointment and instead bought new dumpsters at a cost of $3,600 which were intended for front-loading trucks.
- While the two sides continue debating over proper dumpster sizes, Franklin Meadows has hired a new hauler to collect recyclables. Blue Diamond said this is illegal because the new hauler is unlicensed.
This battle began last year when the condo association sued the borough of Franklin and Blue Diamond over collection being cut from two days to one. Though this was a borough-wide policy, the association claimed it was always meant to have two collection days. The borough and the condo association reached a settlement earlier this year that did not include Blue Diamond.
Among the settlement agreements was a decision that the borough would ask for new collection proposals from other haulers. This left room for the borough to stick with its current contract depending on cost. Blue Diamond's current contract expires in 2019. Franklin Meadows has said it plans to arrange its own collection services regardless of the borough's decision, which is what seems to have spurred this spring's Dumpster saga.
Now that the issue has gone to court it will be up to a judge to bring some clarity to this ongoing series of miscommunications and sleights. The current situation doesn't seem to be serving any side particularly well and is distracting from the main task of timely, efficient collection. The Borough Council has discussed the option of new collection proposals in the past, though no vote has occurred. The council's next meeting is on July 26.