Biomass plant owners may be garnished for failing to pay plant’s builders | VailDaily.com

Biomass plant owners may be garnished for failing to pay plant’s builders

Eagle Valley Clean Energy's tab, with interests and costs, has now run up to $11,491,002.89, according to documents filed Tuesday in Denver Federal District Court.

DENVER — The company that built the Gypsum biomass plant wants to garnish plant owner Eagle Valley Clean Energy for failing to pay for the work.

A federal court jury ruled in June that Wellons Inc., an Oregon company, was owed $10.84 million by Dean Rostrom and Kendric Wait's Eagle Valley Clean Energy for building the biomass plant in Gypsum. Neither Rostrom nor Wait, nor any of the companies with which they're involved, have paid Wellons, according to a motion filed Tuesday in Denver Federal District Court.

With interests and costs, Eagle Valley Clean Energy's tab has now run up to $11,491,002.89, according to those documents.

Wellons' Denver-based attorneys for the garnishment case, Darrell G. Waas and Mikaela V. Rivera, are asking that:

• Rostrom and Wait hand over profit and income statements for all of their companies.

• Wellons be allowed to inspect those records.

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• Wellons be allowed to keep that money to cover the money it is owed.

The motion is the latest in a line of litigation that stretches back years and includes the plant owners, builders and the town of Gypsum.

Neither Wass nor Eagle Valley Clean Energy attorney Sarah Baker returned requests for comment.

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