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Austin Master facing multiple lawsuits

MARTINS FERRY — Embattled waste management company Austin Master is facing two lawsuits in Belmont County Common Pleas Court. One is from a company claiming Austin Master owes it more than $400,000 in sale and lease payments for equipment, and has refused to return the equipment as detailed in the contracts. The second is from AEP, claiming it is owed nearly $40,000 in unpaid bills.

In a lawsuit filed in March in Belmont County Common Pleas Court, CNH Industrial Capital America claims Austin Master owes the company a total of $426,565 in payments for two Case wheel loaders, one used and one new. CNH Industrial also claims that Austin Master is contractually obligated to return the equipment due to lack of payment, but has refused to do so.

According to the lawsuit, Austin Master bought a used wheel loader and leased a new wheel loader through Powerco in 2022. Austin Master was supposed to make 59 monthly payments of $3,030.38 and one final payment of $3,030.09 through September 2027 on the used wheel loader and 34 monthly payments of $7,491.17 and one final payment of $7,349.84 through May 2025.

According to the lawsuit, Austin Master owes outstanding payments of $123,658.86 on the used wheel loader and $306,448.83 on the new wheel loader. CNH Industrial Capital also claims that Austin Master has refused to return the equipment “despite demand to do so.”

CNH Industrial Capital, the financing arm of CNH brands including Case, is suing for breach of sale contract; breach of lease agreement; conversion, or taking or using property without permission; replevin, or CNH getting back the property it claims was taken; unjust enrichment; and declaratory judgement against Austin Master.

CNH Industrial Capital is asking for money judgments against Austin Master, plus interest, late fees and other charges, that Austin Master returns the equipment immediately and that CNH Industrial Capital receive damages for the alleged unjust enrichment, as well as other costs and expenses including attorney’s fees.

In a lawsuit filed in April, AEP claimed that Austin Master signed a 36-month contract for AEP to provide retail electric supply, but Austin Master terminated the contract 21 months early, leaving an unpaid balance of $39,520.35. AEP is asking for the court to force Austin Master to pay that balance, plus interests and other costs.

It was revealed in March 2024 that more than 10,000 tons of solid and liquid waste, including some radioactive material – had accumulated at Austin Master’s Martins Ferry facility near the Ohio River as well as the city’s water well field. Austin Master was permitted to house only 600 tons of material at the site.

Belmont County Common Pleas Judge John Vavra ordered Austin Master to cease operations in Martins Ferry and reduce the amount of waste on site to permitted levels. The Ohio Department has since stepped in and launched a cleanup effort.

Attorneys for Austin Master could not be reached as of Thursday evening.

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