By Leslie Collins
Northeast News
August 24, 2011

Mountains of roofing debris and trash plaster the lot at 6815 Wilson Rd. Some piles stretch 30 to 40 feet high.

What began as an eco friendly operation to recycle asphalt roof shingles and other items like wood, plastic, paper and cardboard, has turned into a mountain of an eyesore and a mountain of a mess for both the owner of the property and its next door neighbor, VFW Post 9997.

Owner of the property, Complete Real Estate, LLC, is suing its tenant Go Green Recycle, LLC, for several breaches of contract.

Both Ronald L. Yoder and Robert Casey, guarantors of the lease, are listed as defendants in the lawsuit.

“It’s terrible. It’s the biggest eyesore I’ve ever seen,” VFW Post 9997 Club Manager Wade Lathrom said. “When they first came I was open minded, but it’s turned out to be a terrible mess.

“You’ve got stuff stacked up higher than the power and telephone lines. It’s got to be dangerous.”

When Northeast News interviewed Go Green Recycle Owner Yoder in September of 2010, Yoder said clients dumped an average of 20 to 25 truckloads of materials at the site every day. Employees separated the recyclable materials like wood, plastic and aluminum from the asphalt roof shingles. Once separated, a grinder would pulverize the asphalt for its reuse in street asphalt. Go Green produced an average of 1,500 tons of asphalt per month, Yoder told Northeast News in 2010.

“Nobody has a problem with the concept,” said Ken Duy, senior vice president of the Men’s Auxiliary Post 9997. “The concept is good. What’s left out here is not. If this had been done right and kept clean, there wouldn’t have been a problem.”

Complete Real Estate is suing Go Green on three counts: unlawful detainer, breach of contract and waste.

In its amended complaint filed July 8, 2011, Complete Real Estate stated Go Green “repeatedly and consistently failed to deliver timely payment of rents.” According to the complaint, Go Green also became delinquent in its water services account with the City of Kansas City, which totaled $594.16. Complete Real Estate paid the city and sent an invoice for reimbursement to Go Green. As of July 8, 2011, Complete Real Estate had not been repaid. Go Green also sublet a portion of the premises without the written consent of the owner.

According to court documents, Go Green failed to maintain the premises as outlined by the lease, “allowing trash, debris and non-recyclable materials to accumulate to an unacceptable level on and about the Premises.”

Other unwelcome results have been the onslaught of rats and nails lying in the road, Duy said.

“There’s nails everywhere,” VFW Post 9997 member Mike Stults said. “I imagine since they’ve started (a year ago), we’ve had at least 40 nails in tires down here.”

When Go Green would grind the dropped off material, black particles would float in the air, coating the VFW’s back patio carport and tables, Duy said.

“We can’t have cookouts for that reason,” Stults said.

One person went to the emergency room with a scratched eye from the dust particles, Duy said.

Scratched eyes seem to be the least of their worries, however.

“If that pile there ever catches on fire, it would burn for three months and nobody down here would be able to breathe,” VFW Post 9997 member Mike Stults said. “It would be disastrous. It would put everybody out of business. That is the main concern here of everybody I’ve talked to.”

Mark Griswold, charter president of the Men’s Auxiliary Post 9997, agreed.

“It’s not even the concept of putting the fire out,” Griswold said. “It’s the stuff that blows around. It would take forever to clean up.

“Some of those shingles are old, so you’ve got asbestos. If you catch that stuff on fire…”

His voice trailed off.

Complete Real Estate terminated Go Green’s lease on June 7, 2011, but Go Green has “refused to vacate the premises,” the complaint said.

Due to Go Green’s unwillingness to vacate the premises and return the property to its original condition, Complete Real Estate has lost out on the property’s rental value of $4,500 per month and is continuing to “suffer damages.”

Estimated cleanup cost is $200,000.

Complete Real Estate is seeking judgment for the value of the monthly rents that are due and may accrue during the pendency of the lawsuit, in addition to attorney fees, immediate possession of property, plaintiff’s costs, property damages and other relief deemed just and proper.