Some reasons why we are currently winning the Pit lawsuit:
(Keep in mind that this is Louisiana and anything can happen and also that I'm not bright enough to be a lawyer...)
((Taken from court transcripts at St. Tammany Clerk of Court))
Mitchell & Furr Claim 1 - Phoenix could deplete the pit and then go bankrupt and not pay royalties
PBLS Response - showed financials for pit (no specifics given in the transcript but sure wish we could see them), trucking statements, consistent royalties since 2001, increase in owned mining equipment at pit
Mitchell & Furr Claim 2 - That PBLS needs to be paying for the overburden
PBLS Response - During questioning, Furr admitted that they gave the over burden away and that he never valued the over burden before the $30M Pr
Mitchell & Furr Claim 3 - that PBLS had broken the lease agreement by entering into non-authorized sub-leases
PBLS Response - demonstrated to the courts how United Soils of Louisiana is a Phoenix owned company and therefore not a sub-lease.
PBLS Claim - Furr guilty of quantifiable business interference. Serving faulty and non-court approved eviction papers; threat of lawsuit to sub contractors caused them to vacate premises; threatening employees with imprisonment; cutting off locks leading to stolen equipment; interference with PBLS getting approved for a loan; Furr allowing other businesses onto the leased property etc. etc. etc.
Mitchell & Furr response - zip. nada.
"Experience: that most brutal of teachers. But you learn, my God do you learn." C.S. Lewis
www.younglife.org
