Commercial Dispute
Mr. Purvis and Mr. Quinlivan represented clients against a client's relative in a case based upon a constructive trust theory concerning an investment into a landfill in the mid 1980s. The start-up capital the defendant used to buy the landfill came directly from the client plaintiffs. Pursuant to the verbally agreed upon investment, the clients were to receive two-thirds of the landfill profits and proceeds. In 2009, seven years after the sale of the landfill, the plaintiffs made demand upon the brother to tender the profits and proceeds. Despite the agreement, the brother refused to tender any monies to the plaintiffs.
After the brother refused to tender the monies, the plaintiffs filed suit. Lack of documentation to prove the agreement existed, as well as proof that the initial investment was ever made, became issues throughout the pretrial process. After locating land records that evidenced significant amounts of unexplainable equity in the landfill, Mr. Purvis and Mr. Quinlivan convinced the Court to create a constructive trust. The judge ruled in favor of the firm's clients.