Old Durham Wood alleges Wheelabrator Shasta Energy wrongfully terminated contract

By Noddy A. Fernandez | Jan 7, 2019

OROVILLE – A Durham company alleges the operator of a biomass-fired power plant that uses wood wrongfully terminated a contract before it reached its term.

Old Durham Wood Inc. filed a complaint on Dec. 21 in the Butte Superior Court against Wheelabrator Shasta Energy Co. Inc. and Does 1-10 alleging breach of contract and other counts.

According to the complaint, on June 1, 2014, the parties entered into a five-year agreement for the plaintiff to provide agricultural wood waste to the defendant's Anderson facility.

The suit states on Dec. 1, 2017, defendant allegedly terminated the contract before the term expired and refused to accept any further deliveries of agricultural wood waste.

The plaintiff holds Wheelabrator Shasta Energy Co. Inc. responsible because the defendant allegedly wrongfully and unilaterally terminated the contract.

The plaintiff seeks judgment for monetary damages, attorney's fees, costs of suit and such other and further relief as the court deems just and proper. It is represented by Andrew J. Morrissey and Sara M. Knowles of Leland, Morrissey & Knowles LLP in Chico.

Butte Superior Court case number 18CV04139

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Butte Superior Court Leland, Morrissey & Knowles, LLP

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