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Berrien County Board authorizes lawsuit against Republic Services over alleged overcharges
Summary
The Berrien County Board of Commissioners voted 10-0 on Feb. 12, 2026 to authorize corporate counsel to file a civil complaint against Republic Services, Inc. for breach of contract and trespass to recover alleged overcharges and remove equipment from county property.
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The Berrien County Board of Commissioners on Feb. 12 authorized corporate counsel to initiate legal proceedings against Republic Services, Inc., including filing a civil complaint for breach of contract and trespass. The motion was made by Commissioner Julie Wuerfel and supported by Commissioner Alex Ott and carried on a 10-0 roll call vote.
The board reconvened in open session at 11:35 a.m. after a closed session and immediately took the vote authorizing Corporate Counsel Thaddeus Hackworth to pursue all necessary legal actions to recover alleged overcharges and to compel removal of equipment from county property. The motion record shows 10 yeas (Bell, Curran, Freehling, Hinkelman, Ott, Pitchford, Tyler, Vollrath, Wuerfel and Yarbrough) and no nays. No response from Republic Services was recorded in the minutes.
The action follows a closed-session discussion under MCL 15.268(1)(h) described in the meeting minutes. The board’s statement of its authority to discuss the matter in closed session cites the Michigan statute permitting consideration of material exempt from disclosure by state or federal statute. The minutes note the board recessed into closed session at 11:17 a.m. and reconvened at 11:35 a.m.
