Thursday, July 14, 2022

Shocker! Richard's Disposal Sues Jackson

 Richard's Disposal wants to get paid and wants to get paid $1.6 million.  The New Orleans garbage collection company sued the city of Jackson in U.S. District Court yesterday for payment.   

Richard's Disposal has collected Jackson's garbage since April 1.  Waste Management's contract to take up the trash expired April 1.  The Jackson City Council rejected Mayor Chokwe Antar Lumumba's recommendation to hire Richard's Disposal after completing the RFP process.   Richard's Disposal had the lowest bid for twice a week service but customers would be forced to purchase a 96-gallon garbage cart.   Waste Management had the lowest bid for twice a week service but without the garbage cart requirement, but the bid was still higher than the Richard's Disposal bid with the garbage cart requirement.   The City Council did not want to impose such a requirement on Jackson residents so it rejected the recommendation.  

The City Council formally notified Richard's Disposal on March 31 the Council would not pay the company for picking up garbage since it did not have a contract to do so.   

Hizzoner declared a state of emergency on April 1 and recommended awarding an emergency one-year no-bid contract to Richard's Disposal.  The Council rejected the contract on a 4-3 vote.  However, there was a little sideshow going on in Hinds County Chancery Court between the the two branches of government over the emergency contract. 

Special Chancellor Jess Dickinson ruled only the City Council could award contracts but only the Mayor could select the vendor.  Thus the Mayor must present the vendor to the City Council for approval but the Council can't choose vendors.  Standoff, right?  Guess again.  The Chancellor ruminated in the penumbras and discovered a Mayor might, possibly, theoretically veto what else but a negative vote of the City Council.  The Council would thus have to override the veto, requiring a supermajority, veto-proof vote.   Chancellor Dickinson stated in a footnote: 

For clarity, there does exist a possible exception not presented in this case thus far, where the Council rejects an emergency contract presented by the Mayor, the Mayor exercises his veto of the rejection, and the Council overrides the veto. The Mayor then would have the option of engaging the judicial system, claiming the Council was arbitrary and capricious in overriding the veto.

The footnote was quite the little hand grenade as the Mayor took it and blew up the separations of powers.  He vetoed the rejection of the emergency contract, calling it an official action of the City Council.  He proceeded to award the emergency no-bid contract to Richard's Disposal.  

The City Council sued Mayor Lumumba over the use of his veto in Hinds County Chancery Court.  Special Chancellor Larry Robert ruled last Friday Mayor Lumumba can not veto a negative vote.  A rejection of a contract is not an official action.  Since there is no official action to adopt, there is nothing for the Mayor to veto.   Thus the emergency no-bid contract is not valid since the City Council rejected it.   

Richard's Disposal started collecting garbage on April 1 and continues to do so.  The emergency no-bid unapproved contract states Jackson will pay $808,035 per month.  The City Council rejected a claim for payment since it rejected the emergency no-bid contract.  

Attorney John Walker represents the Crescent City company.  

The complaint recites the basic facts of the case but omits the notification that the City Council would not pay for the plaintiff's services.  However, the company points out a little passage in the Council's veto lawsuit: 

the City Council" recognizes the public health implications of garbage pickup during the duration of this matter, and Plaintiff, therefore, asks that the status quo continue with regard to the provision of garbage pickup service during this time of self-declared crisis. (p.6, paragraph 17 of Council complaint)

The plaintiff says a claim for $808,035 was presented to the Council on May 24 but the Council removed it from the claims docket on a 5-2 vote.  

Richard's Disposal argues it collected the garbage under the terms of the unapproved emergency no-bid contract and should be paid for the work.  The city owes $1,616,070 to the plaintiff.  The complaint accuses the city of unjust enrichment.  

The company asks the court to award $1,616,070, interest of 1.5% per month until payment made, and attorney's fees. 

The case is assigned to U.S. District Judge Kristi Johnson.  

Kingfish note: We all knew it was coming.  Here it is. 



Anonymous said...

Hopefully a competent special judge will be appointed to hear this. With a capitol city like this one, it's no wonder that MS was just rated the worst state in the U.S. in yet another study.

Anonymous said...

Three guesses who will be the chief witness for the plaintiff. First two don't count. You read it here first.

Anonymous said...

They want to get paid even though they were told upfront that they weren’t going to get paid.

Justice for Trash said...

KF, thank you for the rehash and all the great reporting to date.

Mrs. Eastover said...

Another Charlie Foxtrot From Chokwe.....

Anonymous said...

In some unrealistic unbelievable absolutely stupefying type of way we can only surmise that Richard's has played right in to Chowke's hand, right.

Anonymous said...

Folks: just now found Jackson Jambalaya. The Child Mayor is nothing more than that, a kid who needs babysitters. He is like a teenager who happened upon his father’s wealth and fame. He is a racist teenager who probably does not even know that he is racist. Watching him in public reveals that he thinks he is entitled to be respected. The definition of “Laughing Stock”. His dad would be embarrassed by the dumbass educated words he uses.

He is a weenie. His IQ is, or probably is, less than average. The voting citizens have been fooled for too long and are starting to realize they were fooled again by the party that claims to protect them.

His wife knows and his children will learn what a fruit loop he was raised to be. They will be embarrassed someday, as well.

He received awards because of the color of his skin, not by warrant, from previously recognized institutions of higher education.

The City of Jackson, Mississippi has become a wasteland under the mayoral leadership of Chockwe Antar Lumumba.

The citizens of Jackson will forever be indebted to themselves because of his incompetency.

Richards Disposal will probably get paid. But, Chockwe is about to realize the consequences of being a criminal.

MARK THESE WORDS. JJ you must post this so the people will think.

Anonymous said...

Is Jess the appointed judge in the welfare mess?

If so, hold onto your butt.

Anonymous said...

so...when will WM take over the city garbage again?

when will the mayor lose his kneecaps?

this is just so, so, so damn entertaining that it takes my mind off the growing garbage piles on the street

Anonymous said...

Contract or not, Richards has provided a service and will be paid for the value of those services. No doubt. Slam dunk.

Anonymous said...

So on one hand the city counsel sent RDI a cease and desist order and refused to pay. But on the other hand, unbeknownst to us the tax paying citizens the council also wanted them to keep collecting trash for free where are the lawsuits carried on. Like Samuel L Jackson said in Jurassic Park… Hold onto your butts!

County Cletus said...

And they will win. As planned.

Anonymous said...

For you legal researchers and junior lawyers out there, here's a search string for your favorite legal search: "spread upon the minutes."

Here's a concept for those of you who really want to dig: you cannot unilaterally manufacture a quantum meruit claim when you've been told in no uncertain terms that you should not undertake any work and if you do, you will not be paid, but in the face of that warning, you choose to take the unilateral risk that some miracle will save your stupid ass from your own stupidity. In other words, QM is to protect the innocent or even the naive, but not the deliberately and forcefully stupid.

Anonymous said...

Unlikely they leave the scene with less than a quantum meriut (sp?) recovery, no?

Anonymous said...

10:24 - So, if I come cut your yard while you're at the dog fight I can expect to be paid?

Anonymous said...

If you can just go do the work and get paid without a contract or approval by the council, what’s the point of everything that has happened the last month with the special rulings? So the boy idiot can rule with a iron fist after all? If they get paid, what stopping RD from continuing without a contract forever?

Anonymous said...

John Walker has represented Bennie Thompson before.

Anonymous said...

What a mess. Who would create it and why?

Anonymous said...

I hope the city is represented by competent counsel in this case.

Text messages and communications with the mayor and his friends will be interesting to read.

Who here thinks the mayor or his friends were getting kick backs from Richard’s for the contract?

The city needs to find that information if it exists and publish it.

Also subpoenas should fly to every mayor financial contributor for any such information.

Subpoenas to all banks and lenders and money managers to source any of those funds.

Crypto accounts need to be obtained.

This should prove to be very interesting

Anonymous said...

Richard's must he holding the knee-cappers in reserve, or they can't find Chowke who is hiding out of state/country, right? Does Chowke have good fire insurance?

Anonymous said...

Lumumba pay up you moron! See if George Doris will pay this

Anonymous said...

Let the Benny hill theme song play!

Anonymous said...

The mayor should be held personally liable for the city’s defense costs. He manufactured this entire crisis from start to finish. He obviously has something to gain from this specific contractor and he doesn’t mind shafting the citizens of Jackson in order to get it. He’s corrupt. I hope this entire affair is investigated because the stink of corruption is overwhelming.

Anonymous said...

I'm not a lawyer, nor am I legal savvy, so I ask this question from true ignorance. How can Richards legally force payment, after receiving a cease and desist order?

Anonymous said...

Mayor LuDUMBa,
You need to write the check! Maybe George Soros will do it for you.
I hope you have to pay all fees. This was you and only you. You lost in court and it’s time to pay up you arrogant loser.

Anonymous said...

"The mayor should be held personally liable for the city’s defense costs . . ."

Yeah, how about going after his staff and the lawyers who are aiding and abetting?

Isn't that what the lefties do to someone they don't like?

Anonymous said...

12:05am is on target. It's called the board minutes rule. No government contract in MS is valid or enforceable unless (1) approved by the governing board and (2) spread upon the minutes for a meeting of such body. Neither happened here. There simply is no contract. Motion to dismiss, case dismissed.

And in federal court? With this judge? Good luck Richard's. You're throwing good money after bad.

Anonymous said...

First, @ "Three guesses who will be the chief witness for the plaintiff. First two don't count. You read it here first.

July 14, 2022 at 7:48 PM"

No we didn't because you didn't say anything.

Second, maybe Phil Bryant will pay for it with TANF funds.

Third, did Kennuf ever pay his bus ticket bill?

Anonymous said...

It makes me so sad that society in general has devolved to elect and tolerate such idiots.
And I suppose its sad that these jobs are no longer sought out by decent candidates.

The whole system is just broken, bought and paid for by large interests now.

Its hard to understand how a functional capitol city can be ruined so quickly, yet here we are Chuckles.

And it appears to be a microcosm for the entire nation. Just sad.

Anonymous said...

But will the City file an answer to the complaint?

Anonymous said...

I'd say someone's knees will be busted for this but the level of money and the fact they will probably not get much, if any back, could lead to more severe repercussions. Wonder when Lumumba will be taken out on the Rez fishing. Needs to learn his Hail Mary.

Kingfish said...

All of the federal judges here are competent. Yeesh.

Seems pretty simple said...

4:55 and 10:24
Its even more ridiculous than that.
Its, I tell you not to cut my grass. Send you a letter telling you not to cut my grass.
Then I go to the dog fight and you cut my grass and expect to be paid.

I really like 12:05 explanation.

Anonymous said...

Is this case likely to have discovery?

Anonymous said...

July 15, 2022 at 8:43 AM
This is what's referred to as "mob rule" also called "democracy". There's a reason this country was set up as a Republic.

Anonymous said...

8:49 AM
If Richard's was smart (and I don't accuse them of that) they wouldn't cross county line and just dump him in Lake Hico.

Anonymous said...

1. The city has a budget for garbage disposal. 2. Richards performed the service. 3. The City Council opposed and cannot approve payment w/o personal responsibility. 4. A judge has to order the payment.

Stop comparing this to cutting grass at a home. This is a public health issue not yard of the month competition. Also, one branch of government approved and one opposed. The third has to resolve it.

The city will pay out of it's budget for work requested by the mayor. Sad part of this is the bickering of "adults" and the loss of time and resources dealing with it. Too many egos to go around. But, really a non-issue.

Anonymous said...

RDI was never given the go ahead by use of a signed contract between them & the City Council. That alone is sufficient enough for Jackson to win any lawsuit.

Jackson's Mayor is singularly liable for any & all costs RDI has incurred by disregarding all laws by moving forward with this fiasco.

Lumumba should have to pay this out of his own pocket. The State Auditor better pay attention where the money comes from.

Anonymous said...

If this doesn't get clarified by a judge every Mayor in Ms can just do the same and the city has to pay. The same for the Governor. What do you think a city board or the Legislature is for? The problem is that the city of Jackson is having to pay legal costs for a stupid situation. If Choc is an attorney he should lose his license.

Anonymous said...

First time commenting here. Aren’t the residents of Jackson paying for garbage collection? Where is that money going?

Anonymous said...

To be successful in a quantum meruit claim, a plaintiff must prove the following elements:

The plaintiff provided the defendant with a valuable service or materials;
The defendant accepted the services or materials from the plaintiff; and
The defendant had reasonable notice that the plaintiff expected to be paid for the services or materials.

The defendant notified the plaintiff in writing and in public long before any services were rendered that there is no contract and that they would not be paid. Period.

This outfit also did not have their Nawlins contract renewed, but simply did not try to "continue" services and expect to get paid.

They also dragged their feet when the FAA said leave Hawkins, there is a danger to their wink wink nod nod use of the field. Not a good sign, either.

LuMumbler thinks he's an Emperor, controlling the legislature and checkbook and courts and can snap his fingers.

Harvard falls for his BS. We don't.

And a USD Court won't either.

Anonymous said...

The City of Jackson could fuck up a ham sandwich.

Anonymous said...

The mayor lost. He needs to act grown up for once and stop wasting our money.
No wonder this city is failing. And he'd still win if the election were today... that's sad.

Anonymous said...

Thank you Richard's for picking up my trash:

the City Council" recognizes the public health implications of garbage pickup during the duration of this matter, and Plaintiff, therefore, asks that the status quo continue with regard to the provision of garbage pickup service during this time of self-declared crisis. (p.6, paragraph 17 of Council complaint).

John Walker is an excellent attorney. Pay the company for services rendered, period.

Anonymous said...

As always, follow the money...

Anonymous said...

If only Chowke receives an invitation to go boating on Lake Pontchartrain...

Anonymous said...

And they will all be re-elected. That is really all you need to know.

Krusatyr said...

The cartoon payment rationale with a root poking from the cliff that Richard's dangles from is the resolution of record from Council to continue the emergency status quo, meaning the expired WM short term collection service which WM offered to extend.

However, niether WM nor RD was named in that council resolution.

Anonymous said...

@9:31 - if that was true, why would we have contracts at all? (of course, we could ask the NFL that as well). Try again Omari.

Anonymous said...

@9:34 - it goes into a fund to be used to pay legally contracted sanitation invoices. So much for your first time to comment.

Plain ol' Catfish said...

Jr overplayed his hand.

Time to cash in that surety bond.

Anonymous said...

Can the FBI come in and pull all the emails and texts and bank records?

I smell a rat.

Anonymous said...

Is Richard's still picking up trash after they sent this lawsuit???

Anonymous said...

"First time commenting here. Aren’t the residents of Jackson paying for garbage collection? Where is that money going?"

Let's see, last week it was his right front pocket, but now, who knows.

Anonymous said...

I just love seeing that arrogant gumflapper get put in his place. What a waste of oxygen he is!

Anonymous said...

CNN and MSNBC say it's ok to peacefully protest while people are burning buildings. Does this mean it's ok to dump my garbage at Lumumba's residence to peacefully protest the mess he made? Serious question!!! How soon before Richard's quits picking up garbage...I would assume will stop by next week.

Anonymous said...

Shad White is on the Case!
He is collecting every shred of evidence for any corruption.
Shad White for Mayor.

Anonymous said...

Waste Management was doing a great job. That is until the boy mayor screwed it up. I really feel sorry for the residents of Jackson. This smells corrupt to the core. This is an opportune time for WM to step up and push them out

Anonymous said...


Anonymous said...

This is corruption at its highest level. Bring in the FBI if the sate auditor won’t do his job.

Anonymous said...

If it's ruled that the City doesn't have to pay Richards, do I get a refund of my garbage fee? Oh, I forgot, that's billed on my water bill and I haven't received one of those in six months. Never mind.

Anonymous said...

Might the City of Jackson allow Richard's Disposal to take a default judgment, and Richard's thereafter garnishes the appropriate City of Jackson bank account or otherwise executes on the judgment? Would we be surprised?

Anonymous said...

I saw the title and came straight to comment, so my apologies if I’m being redundant. If I’m Richard’s, I’m going 1. I’m sick of this shit 2. Antar is a frigging joke 3. I should’ve known better 4. I’m done picking up trash in Jackson 5. F*** the mayor, f*** the garbage, then f*** the mayor again for good measure 5. You know what, f*** him one last time to be sure he’s good and f***ed.

My sentiments, anyway. The definition of blight includes “a person or thing, agent or action, that destroys, frustrates, prevents growth, and causes harm.” Antar Lumumba is a blight on the city of Jackson its citizenry.

Anonymous said...

My question as a non-lawyer is: since the Mayor has the authority to declare a State of Emergency in certain instances, would his April 1 SoE validate the concept of Quantum Meruit for benefit of RD? Would he, effectively, be able to overrule the council in this "special" situation or is it the same situation that "well, if he could overrule them here, he could do it in any instance?"

I'm hoping it's the latter and the DC tells RD to pound sand.......

Anonymous said...

Did Richards ever leave Hawkins field per the FAA order?

Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel


Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).

Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.

In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS