Bauermeister Deaver Ecology Land Use Dev. v. Waste Mgmt. Co.

In 1989, The Bauermeisters and the Deavers (collectively, Plaintiffs) entered into an agreement with Waste Management Co. of Nebraska, Inc. (WMN) for the sale of 280 acres of farmland. WMN eventually located a monofill on the site. In 2006 and 2007, Plaintiffs unsuccessfully attempted to exercise their option to purchase under the agreement. Plaintiffs subsequently filed suit against WMN for specific performance, accounting, quiet title, and declaratory judgment. The district court severed the specific performance and quiet title actions from the accounting and declaratory judgment actions. Judgment was entered for Plaintiffs with respect to the specific performance action. On remand, WMU was ordered to convey title of the disputed property to Plaintiffs, subject to specified exceptions. With respect to the accounting action, the district court found primarily for WMM. Beauermeister Deaver Ecology Land Use Development, LLC (BDELUD), successor in interest to Plaintiffs, appealed. The Supreme Court affirmed, holding that the district court did not err in finding that (1) WMN owned the landfill gases and equipment associated with collecting and transporting the landfill gases and that WMN was entitled to all landfill gas revenue; and (2) BDELUD was not entitled to past or future revenues from the monofill. View "Bauermeister Deaver Ecology Land Use Dev. v. Waste Mgmt. Co." on Justia Law