Company sues Warren
Demolition firm seeks $9 million over effort to revoke licenseBy RAYMOND L. SMITH / Tribune Chronicle
WARREN - M&M Excavating and Demolition Inc. filed a multi-million dollar lawsuit against the City of Warren in reaction to efforts to revoke the company's license to operate within the city's limit.
The company was successful in obtaining a 14-day temporary restraining order from Trumbull County Common Pleas Court Judge Andrew Logan, preventing the city from stopping it from doing work it already has been contracted to do by the Warren City School District.
The two sides are scheduled to appear before Logan at 11 a.m. Friday.
M&M Excavating is seeking more than $9,025,000 in combination of compensatory and punitive damages.
The company argues that removing its license to operate is detrimental to its being able to complete a $515,704 contract with the school system to demolish McGuffey, Laird and Garfield Elementary schools as well as Turner Junior High School, as well as its efforts to obtain future contracts with the city.
Attorney Robert L. York noted in the company's complaint that on Tuesday, his client was issued permits to demolish McGuffey and Turner schools. On Wednesday, the company's contractor registration and its permits to demolish McGuffey Elementary and Turner Junior High School were revoked.
The revocation was issued by Chris Tanneyhill, the city's chief building official, based on the fact that M&M either refused to, or failed to, comply with a building department order dealing with work that was done at Up-A-Creek Tavern, 4793 East Market St., according to the city.
M&M is accused of using asphalt from Turner Middle School as fill material at Up-A-Creek.
Representatives of M&M Excavating and Demolition said the the company has not done anything wrong and cease and desist order was never sent to company representatives. The order was delivered to one of the owners of Up-A-Creek Tavern.
In an Oct. 8, letter, Tanneyhill noted that the letter was sent to Scott Rogers on Sept. 26, and it was reviewed by James Matash, an owner of M&M Excavating and Demolition.
York argues that each day the project is not done beyond it scheduled completion date, the company will be fined $1,000.
The company said revocation will stop it from from bidding on work on about 25 properties that are part of the Warren Residential Demolition Project.
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moonbeam
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10-11-08 5:48 PM
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OldManGrump2 is right on the money. More corruption and b.s. in the city. And more Up A Creek news....fire them all and tear down Up A Creek.
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ohioflower
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10-11-08 5:30 PM
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So to you it's all about contamination from asphalt from a parking lot that was over 20 years old, that was dumped in a swamp area, sure I see your point. But so far so good, no one has died from drinking the water. Don't forget any flow-off from the construction of the school's, and other stuff. I know why don't they just tear the school's down and leave the debri sitting there and Tanneyhill can go remove it himself. Since he is such a good person. Maybe they can throw it in an great big bomb fire and burn it, that will contaminate the air. Truth be told go ahead publish M&M's bid sheet contract what ever atleast all truth would be out there in the open.
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WillyWonka
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10-11-08 5:16 PM
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There are licensed Construction Debris Landfills that have groundwater, soil, and air monitoring checks in place. I bet if they published the bid contract from M&M, you would find money requested to place the asphalt into a construction landfill, and money requested to purchase clean fill material. Like I said, I don’t know much, but I do know this subject.
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ohioflower
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10-11-08 5:09 PM
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What does the Enviromental Protection Agenecy have to say on it? I'll go with there words before saying hey they contaminated our water. Yes it does have to do with politics and the construction companies, and if the city officials would tell these companies what to do with this waste as you want to call it, and stop screwing around saying not to do anything with it but wants it removed, these construction companies would follow the cities orders. Instead the city wants it removed and then pulls construction companies license for it, yeah just what we needs more companies who have to fire there employees, I know maybe they can all get jobs with these other companies, but I doubt it. I don't know if anyone gives a crap about how crooked the officials and these companies are, but I do, and so does a lot of other people. This isn't the first company that Tanneyhill has pulled license from, for the same bullcrap reason.
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WillyWonka
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10-11-08 5:02 PM
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If you think that using old asphalt as fill material is no big deal, Google the chemical composition asphalt. Up A Creek is right next to Mosquito River, and all ground water in the area is flowing towards that river. All the chemicals contained in the asphalt will leach out, migrate to the river, flow to Mosquito Reservoir, and become our drinking water. I don’t know the politics involved in the local construction companies and I don’t really care. What I do care about is my drinking water not giving me cancer. There is a reason that certain materials are not allowed to be used as fill material. And if you think this “scrap” improved our community you are flat out wrong. What it did was make the land a “contaminated site”. I don’t know much, but I do know this subject. For anyone who doesn’t believe me, bury a bunch of asphalt on your property, disclose it to a realtor, and then try to sell the property.
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ohioflower
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10-11-08 4:34 PM
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Excuse me the illegal dynamiting on top of Forest Hill's Estate, He was foreman on that job, alcohol, firearms and tobacco was all up there along with law officals, Sugar Creek Construction, it made the paper. Don't forget about all the building permits for houses that the city issued and he pulled those license then made sure those houses in the city was the first ones to be demolished. None of those got any refunds for paying out money for permits, they didn't even get to use. To much info is out there to show just how crooked Tannehill actually is. Down with Tannyhill, and Tanneyhill Construction.
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ohioflower
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10-11-08 4:28 PM
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Somebody needs to find out his connection with Jack Gibson Construction and J.S.N.E. (previous employer of Tanneyhill's) and how they got him the job as Chief Building Official, when he wasn't even qualified for that job. He was a foreman for J.S.N.E. and he couldn't even run a job right. You all fell to notice that if he gets away with pulling M&M Construstion's License that that company will loose a heck of a lot more money than what is being paid for these 2 school's to be dozed. Matash is part owner of Up the Creek, so he didn't do anything illegal. Tanneyhill was responsible for the dynamite at Forset Hill's Estates and he didn't report it it was done illegally there was no permits.
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XANADU440
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10-11-08 1:56 PM
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WARREN THE GHETTO
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VoiceOfReason
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10-11-08 1:47 PM
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Pick your battles Warren. This is just stupid. It was scrap so who cares. It stayed in your community to improve another part of Warren, which you stole from Howland in an annex anyway. Put your energy into something constructive.
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Mnich82266
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10-11-08 1:21 PM
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Was it just going to go to landfill? Or was there another purpose for it? Was the city going to use it for something? Or was it M&M Construction’s property once they won the contract for demolition of the property? Now if it was still property of the City then I can see where this could be a problem. But if it wasn't then I believe M&M could do with it whatever they seen fit to do with the remnants of the asphalt .
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justthinking
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10-11-08 12:43 PM
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Well, he shouldn't have taken it upon himself to keep extra materials.
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Mnich82266
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10-11-08 12:37 PM
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Honestly, I do not know; What was he suppose to do with it?
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justthinking
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10-11-08 12:33 PM
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I have a major problem with a company hired by the city to use city funds to blacktop their personal property! Warren is short on safety forces, but Up a Creek gets a new parking lot on Warren's taxpayers' dime?!?!??! That is criminal & unethical!
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Mnich82266
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10-11-08 12:25 PM
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My God! Must these two always have a p i s s i n g contest every time you turn around?! So what if he used the asphalt from Turner as fill material at Up-A-Creek? What was he suppose to do with it? Put it in Tanneyhill's front yard? Quit messing with the man and let him get his job done. Jesus Crimany!
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justthinking
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10-11-08 12:10 PM
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The article above states $9,025,000, That is Nine million and twenty-five thousand dollars
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MartyWhite
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10-11-08 11:52 AM
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pahootaman, M&M is sueing for almost 1 million dollars not 10 million dollars.
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pahootaman
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10-11-08 10:21 AM
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Hoooya! Up A Creek is back in the news! The revocation of the permits seem legit enough, but suing for nearly 10 million dollars over a 500K contract is a bit much. Punitive damages? give me a break!
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OldManGrump2
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10-11-08 7:15 AM
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Chris Tanneyhill, the city's chief building official, continues the long tradition of political criminal dealings in the building department. One has to wonder how much kickback money Chris didn't get to allow M&M to operate in the city.
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