Agsco Equipment Corp. v. Borough of Green Tree

Appellant, Agsco Equipment Corporation, and appellee, Green Tree Borough, entered into a “Lease and Fill” Agreement which provided that Agsco would operate a landfill on property owned by the Borough. The contract stated that Agsco would operate the landfill for a period of three years and would pay the Borough rent in the amount of 35% of the gross income received by Agsco from the operation.

The Borough filed a complaint and petition seeking, inter alia, an accounting of all income from the landfill. In separate actions which have been consolidated in an equity proceeding, 1 both parties…