In a significant legal battle over property rights and financial obligations, a recycling company has lost its appeal against a waste management giant. The case, which revolved around the enforcement of a settlement agreement concerning the use of an access road to a closed landfill, was filed by MJK Recycling, LLC in the Muskingum County Court of Common Pleas on February 23, 2026, against Republic Services, Inc.
The dispute arose from a shared ownership of land in Muskingum County where a closed landfill is located. Republic Services owns two-thirds of this property while MJK Recycling holds one-third. Under Ohio law, owners are required to maintain post-closure care for such landfills for at least thirty years. Republic Services had been performing these duties since 1993 at an annual cost of $100,000. The access road necessary for this maintenance runs through MJK’s portion of the property. Initially, MJK continued to accept $500 monthly payments from Republic Services for using this road until 2022 when they demanded an increase to $2,000 per month due to rising costs and expired contracts.
Republic Services refused the increased payment demand leading MJK Recycling to file a lawsuit seeking damages for past and future use of the road and claiming trespass among other grievances. In response, Republic Services counterclaimed for recovery of costs associated with landfill maintenance performed on behalf of both parties.
Negotiations began in 2024 with Republic Services proposing a settlement that included paying $2,000 per month whenever they used the access road. This offer was initially accepted by MJK but later disputed as they sought guaranteed monthly payments regardless of actual usage. Despite reaching what seemed like an agreement on May 8th via email confirmations between counsels representing both parties, disagreements resurfaced when MJK proposed changes demanding fixed monthly payments without regard to usage.
Ultimately unable to resolve these differences amicably or finalize documentation reflecting their earlier consensus, Republic Services filed a motion to enforce the original settlement terms agreed upon in their communications. The trial court ruled in favor of enforcing this agreement noting that essential terms had been mutually assented to despite ongoing document drafting.
MJK Recycling appealed this decision arguing no formalized contract existed; however, the appellate court upheld the lower court’s ruling citing sufficient evidence supporting mutual assent on key terms such as payment conditions tied directly to road usage rather than fixed sums irrespective thereof.
The attorneys involved were Joshua J. Brown representing MJK Recycling and Rodney A. Holaday representing Republic Services with Judges David M. Gormley, Craig R. Baldwin, and Robert G. Montgomery presiding over the case identified as CT2025-0079.
Source: 2026Ohio624_MJK_Recycling_LLC_v_Republic_Services_Inc_Opinion_Ohio_Court_of_Appeals.pdf