RTS Landfill, Inc. v. Appalachian Waste Systems, LLC

MlKELL, Judge.

Pursuant to an asset purchase agreement executed on December 31, 1996, RTS Landfill, Inc. (“RTS”), formerly known as Sanifill of Georgia, Inc. (“Sanifill”), sold one of its operating divisions, Starr Sanitation (“Starr”), a solid waste collection, hauling, recycling, and transfer station business, to Appalachian Waste Systems, LLC (“Appalachian”), a company wholly owned and formed by Gerald S. Proctor and Sheryl D. Proctor, who were then employed by RTS’s parent company, to complete the acquisition. The asset purchase agreement granted RTS a preemptive right of first refusal. In…