Cook County Circuit Court Judge Lee Preston entered an order on Oct. 10 striking Veolia’s amended complaint against the City of Evanston. “Judge Preston determined again that Veolia’s complaint was legally deficient and failed to conform to established pleading standards under Illinois law,” said Grant Farrar, Evanston’s Corporation Counsel.
Veolia operates a transfer station in the City that enables it to transfer solid waste from local collection vehicles to larger long-distance vehicles for transport to waste disposal sites.
Veolia’s complaint arises out of an ordinance passed by the City that imposes a $2 license fee for every ton of waste delivered to Veolia’s transfer station, and requires Veolia to provide quarterly reports to the City’s Director of Public Works. Veolia challenged the ordinance in a nine-count complaint.
Judge Preston held that Veolia’s complaint did not “comport to the standards of filing a complaint.” The Court explained, “[Veolia] has alleged ninety-eight paragraphs of facts in its thirty-four page complaint. This makes it difficult to apprehend which facts support the legal claims set forth in each of the plaintiff’s nine counts, which are included at the very end of the complaint. Plaintiff’s complaint utilizes so many narrative paragraphs in the ‘Facts’ section and legal conclusions in setting forth its various claims that it is difficult to ascertain, on the face of the complaint, the facts that establish the legal claims in each count.”
The Court gave Veolia until Oct. 31 to file an amended complaint. Mr. Farrar said, “[W]e expect Veolia to file a Second Amended Complaint…”