SDTF6503_Correspondence_20200203

1221 Floral Parkway, Suite 104 • Wilmington, N.C. 28403
P-910-420-4674 • F-910-420-4637
W. Cory Reiss
[e-mail]
March 3, 2020
VIA EMAIL
Adam Ulishney
NCDEQ-Division of Waste Management
217 West Jones St.
1646 Mail Service Center
Raleigh, NC 27699-1646
Kyle J. Nutt
[e-mail]
RE: Our Clients: James R. Tibbetts, Robert B. Tibbetts, Colleen E. Tibbets
Permit No. SDTF-65-03
Mr. Ulishney
Please be advised that this firm has been retained to represent James R.
Tibbetts, Robert B. Tibbetts, and Colleen E. Tibbets in relation a lawsuit filed by Toni
Loretti d/b/a ECLP Co. in New Hanover County bearing file number 19-CvS-2704
(the "Action").
I am in receipt of correspondence dated January 2, 2020, directed to you by
counsel for Mr. Loretti, the holder of permit no. SDTF-65-03. Please be advised that
my clients refute the allegations therein, and have previously refuted Mr. Loretti's
allegations in an Answer to Counterclaims and Third -Party Claims filed in the Action
on Dec. 9, 2019. The Action originated as a claim for summary ejectment against Mr.
Loretti, which he lost; that decision is currently the subject of his appeal, in addition
to "counterclaims" Mr. Loretti filed against my clients. As you may be aware, Mr.
Loretti contends that a form "Landowner's Authorization to Operate a Septage
Detention or Treatment Facility" dated Nov. 6, 2018 (the "Authorization"),
constituted a binding lease of the property under North Carolina law —a contention
my clients strongly disagree with. Please also be advised that the property identified
in said Authorization is not the same property Mr. Loretti is maintaining the subject
storage tank at.
The Court has already dismissed one of Mr. Loretti's counterclaims, and my
clients intend to file for dismissal of the remaining claims in a motion for summary
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Tried, True. Prepared.
Litigating: Business Disputes, Personal Injury, Medical Malpractice.; Real Property,
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judgment after Mr. Loretti's production of materials requested in discovery months
ago, which he was delayed producing.
I also write to advise that my clients have no intention of allowing Mr. Loretti
to remain on the property, and fully intend to force his removal through the Action if
necessary. Accordingly, my clients would request that any action by NCDEQ with
request to the subject storage tank and permit proceed without delay.
Regards,
Kyle J. Nutt